Sec. 14.30.11.03. Delegation of Hearing Authority to the Office of Administrative Hearings

A. The Board may conduct a hearing or 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.

B. Scope of Delegation. The Board, or the Executive Director acting on behalf of the Board, may delegate authority to the Office of Administrative Hearings in accordance with State Government Article, §10-205(b), Annotated Code of Maryland.

C. Authority to Revoke Delegation. The Board, or the Executive Director acting on behalf of the Board, may revoke all or part of a delegation to the Office of Administrative Hearings if the case:

(1) Involves novel or unanticipated factual or legal issues;

(2) Has significant social or fiscal consequences;

(3) Involves policy issues of general applicability;

(4) Is likely to have precedential value; or

(5) Requires especially expeditious decision.

D. Procedures for Revocation.

(1) The Board or the Executive Director 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.

(2) Delegation of authority to hear a contested case may be revoked at any time before the earlier occurrence of the following:

(a) The issuance of a ruling by the administrative law judge on a substantive issue; or

(b) The taking of oral testimony from the first witness.

(3) The notice of revocation shall specify whether all or part of the delegation to hear a contested case has been revoked.

(4) If only part of the delegation has been revoked, the notice of revocation shall specify the portions of the contested case for which delegation is revoked.

(5) A decision issued by the Board shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record.

E. Procedures upon Revocation. If the Board, or the Executive Director acting on behalf of the Board, revokes the delegation to hear a contested case, the hearing shall be conducted by the Board in accordance with this chapter within 90 days of the issuance of the revocation.

F. Settlement Conferences by the Executive Director. The Board delegates to the Executive Director the authority to convene a settlement conference for the purpose of settling any matter before a hearing held in accordance with this chapter.