Md. Code Regs. 10.01.03.18 - Exceptions; Requests for Oral Argument
A. Exceptions to an ALJ's proposed decision
shall be filed with the Secretary within 21 days after the ALJ's proposed
decision is received. Receipt is presumed to occur 3 days after mailing.
B. Exceptions shall be in writing
and contain a concise statement as to each portion of the ALJ's determination
to which exception is taken and the asserted basis for taking the exception.
C. Any party may file a written
response to exceptions taken to the ALJ's proposed decision within 14 days of
the filing of exceptions.
D. A
copy of the exceptions and any response shall be served on all parties to the
proceedings.
E. The Secretary
shall hear oral argument on the exceptions and may limit the time for oral
argument in the discretion of the Secretary.
F. The Secretary shall consider the
exceptions filed before rendering the final agency decision.
G. A party that intends to refer to any
evidence produced at the hearing before the ALJ shall notify the agency of the
specific evidence in its request for exceptions. That party is responsible for
filing with the Secretary a copy of the transcript of the hearing, or relevant
portions of it, at that party's expense, at least 5 days before the scheduled
exception hearing.
H. If all
parties are in agreement, a stipulation of facts may be submitted instead of a
transcript.
I. Additional evidence
may not be introduced, nor may testimony of witnesses be heard by the
Secretary. All exception hearings or reviews shall be conducted on the basis of
the record compiled before the ALJ.
J. Within 90 days after the conclusion of the
exceptions hearing, the Secretary shall adopt a final decision and, if
appropriate, an order. Copies of the final decision and findings of fact and
conclusions of law shall be delivered or mailed promptly to all parties or to
their attorneys.
Notes
Regulations .18 adopted effective 42:7 Md. R. 567, eff.
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