<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".03" citation="COMAR 30.02.06.03" title_num="30" subtitle_num="02" chapter_num="06" heading="Delegation of Hearing Authority.">
  <paragraph num="A.">
    <text>The EMS Board may delegate authority to conduct a hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205(a), Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Scope of Delegation. The EMS Board may delegate authority to the Office of Administrative Hearings to issue proposed findings of fact, proposed conclusions of law, or a proposed disposition.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Authority to Revoke Delegation. The EMS Board may revoke all or part of a delegation of authority to hear a contested case.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Criteria for Revocation. The EMS Board may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:</text>
    <paragraph num="(1)">
      <text>Involve novel or unanticipated factual or legal issues;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Have significant social or fiscal consequences;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Involve policy issues of general applicability; or</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Be likely to have precedential value.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Procedures for Revocation.</text>
    <paragraph num="(1)">
      <text>The EMS Board shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Delegation of authority to hear a contested case may be revoked at any time before the earlier occurrence of the following:</text>
      <paragraph num="(a)">
        <text>The issuance of a ruling by the administrative law judge on a substantive issue; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The taking of oral testimony from the first witness.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The EMS Board shall specify whether all or part of the delegation to hear a contested case has been revoked.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If only part of the delegation has been revoked, the EMS Board shall specify in the written notice of revocation the portions of the contested case for which delegation is revoked.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>A decision issued by the EMS Board shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Procedures upon Revocation. If the EMS Board revokes the delegation to hear a contested case, the hearing shall be conducted by the EMS Board in accordance with this chapter within 90 days of the issuance of the revocation.</text>
  </paragraph>
</regulation>