Sec. 13b.04.01.28. Proposed Decision and Exceptions

A. Proposed Decision. A proposed decision shall contain:

(1) Findings of fact and conclusions of law, separately stated;

(2) A proposed order; and

(3) A statement of the right to file written exceptions to the proposed decision in accordance with this regulation.

B. Except in the case of an expedited hearing, a proposed decision shall be submitted to the parties within 90 days from the date of the hearing or the filing of post-hearing submissions, whichever is later.

C. Exceptions to Proposed Decision.

(1) Timing. Within 20 days from the date of receipt of a proposed decision, each party may file written exceptions to the proposed decision with the Secretary or the Commission, as appropriate. A response to exceptions may be filed within 10 days of a party's receipt of the exceptions. These time limitations may not be extended except with the approval of the Secretary or the Commission, whichever is presiding at the exceptions hearing.

(2) Content. The exceptions shall contain the legal and factual bases for a party's appeal. A memorandum in support of the exceptions may also be prepared and shall be filed with the Secretary or the Commission, as appropriate, within 20 days from the receipt of the proposed decision. A response to exceptions may also be accompanied by a memorandum. The exceptions, responses to the exceptions, and accompanying memoranda shall contain copies of the portions of the record referred to.

(3) Scheduling of Oral Argument.

(a) Upon receipt of the exceptions, the Secretary or the Commission, as appropriate, shall set aside time for the presentation of oral argument. Unless a later date is agreed to by the parties, oral argument on the exceptions may not be heard later than 60 days following the Secretary's or the Commission's receipt of the exceptions. The Secretary or the Commission, as appropriate, shall notify all parties of the date, time, and place of oral argument.

(b) The Secretary or the Commission, whichever is presiding at the exceptions hearing, may limit the time given to each party for oral argument.

(c) A majority of the Commission members shall be present at all times during oral argument before the Commission.

(4) Record.

(a) Before oral argument, the entire record shall be transmitted to the Secretary or the Commission, whichever is presiding at the exceptions hearing.

(b) Copies of the exceptions, responses to the exceptions, accompanying memoranda, and portions of the record attached to them shall be provided to the Secretary or to each Commission member, as appropriate, at least 7 days before oral argument.

(c) The consideration of information which is not part of the record shall be in accordance with Maryland law.