Sec. 14.34.04.07. Delegation

A. The Board may delegate authority to conduct a hearing to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland.

B. A hearing delegated to the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.

C. 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 shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings.

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(3) If only part of the delegation has been revoked, the notice of revocation shall specify the portions of the contested case for which delegation is revoked.

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issued by the Board shall reflect the fact that the matter was delegated to the Office of Administrative Hearings and was revoked, and a copy of the revocation notice shall be included as part of the record.

(5) If the Board revokes the delegation to hear a contested case, the hearing shall be conducted by the Board in accordance with this chapter.