Sec. 12.11.04.09. Decisions and Orders  


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  • A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.

    B. The presiding officer shall:

    (1) Prepare the final decision in writing or state it in the record;

    (2) If the final decision is in writing, forward a copy to each party or to the party's attorney;

    (3) Include findings of fact and conclusions of law, separately stated; and

    (4) Include procedures and time limits for filing exceptions.

    C. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland.