Sec. 14.30.11.23. Proposed Orders; Exceptions  


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  • A. In any matter that has been delegated to the Office of Administrative Hearings, the administrative law judge shall issue, as appropriate, findings, conclusions, orders, decisions, or any of these, as prescribed under State Government Article, §10-205(b), Annotated Code of Maryland. The Office of Administrative Hearings shall serve a document issued under this section upon the parties within 30 days following the conclusion of the hearing.

    B. In any matter which has been delegated to the Office of Administrative Hearings or to the Executive Director, the parties may file exceptions with the Board within 20 days of receiving the proposed decision. A response to the exceptions may be filed within 15 days from the filing of the exceptions.

    B-1. Unless expressly authorized by the Board in extraordinary circumstances, interlocutory appeals to the Board in any matter which has been delegated to the Office of Administrative Hearings are not permitted.

    C. The exceptions or response shall:

    (1) Contain the legal and factual basis for the exceptions or response; and

    (2) Be accompanied by copies of any portions of the record referred to in the exceptions.

    D. A party who desires a transcript to be made a part of the proceedings shall, at the party's own expense, file a copy of the transcript with the Board.

    E. Upon a showing of good cause, the Board may grant an extension for the filing of exceptions or any response.

    F. The parties may request oral argument on the exceptions.

    G. If oral argument is requested, the Board may schedule an oral argument as soon as practicable and all parties shall be notified of the date, time, and place for oral argument. Participation by amicus curiae may be granted in the Board's discretion.

    H. The presiding officer, ordinarily the chairman of the Board, or the member designated by the chairman, may limit the time given to each party for oral argument.

    I. The presiding officer, ordinarily the chairman of the Board, or the member designated by the chairman, shall determine all procedural issues and may make any rulings necessary to facilitate the effective and efficient consideration of the exceptions.

    J. If oral argument is not held, the Board shall:

    (1) Consider the matter as soon as practicable; and

    (2) Notify all parties of the date that the matter will be considered.

    K. Copies of the exceptions, responses, and any accompanying documents shall be provided to the Board at least 5 days before the matter is to be considered.

    L. The entire record shall be provided to the chairman of the Board before consideration of the exceptions.

    M. Additional evidence may not be introduced upon consideration of exceptions unless the party seeking to introduce it:

    (1) Requests leave to submit the evidence at least 15 days before the Board considers the exceptions; and

    (2) Demonstrates to the satisfaction of the Board that the new evidence:

    (a) Is relevant and material;

    (b) Was not discovered before the hearing; and

    (c) Could not have been discovered before the hearing with the exercise of due diligence.

    N. A quorum of the Board shall be present to consider the exceptions.