Sec. 14.34.04.15. Final Decision

A. In any matter that has been delegated to the Office of Administrative Hearings, the Board, after considering the record and any exceptions, by majority vote, shall:

(1) Adopt the proposed decision as the final decision of the Board;

(2) Modify the proposed findings of fact, proposed conclusions of law, or proposed disposition, in whole or in part, and then adopt the modified proposed decision as the final decision of the Board;

(3) Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or

(4) Remand the matter for further proceedings.

B. A party objecting to a proposed decision of the Office of Administrative Hearings may file exceptions with the Board within 15 days of receipt of the proposed decision. A party may respond to the exceptions within 15 days of receipt of the exceptions.

C. In any matter that has not been delegated to the Office of Administrative Hearings, the Board, as soon as practicable, shall issue a written decision.

D. The decision of the Board is the final decision of the agency for purposes of judicial review. Unless the matter is remanded for further proceedings, or the decision is revised pursuant to Regulation .16 of this chapter, the date of the written decision of the Board is the date of the final decision of the agency for purposes of judicial review.

E. A final decision shall:

(1) Be in writing;

(2) Be served on all parties; and

(3) Contain, among other items:

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

(b) An order; and

(c) A statement of the available procedures and time limitations for review.

F. If, upon consideration of the entire record, the Board finds by a preponderance of the evidence that a party has engaged in or is engaging in a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Maryland, the Board shall issue a final decision and shall take such action as it may deem necessary and appropriate to remedy the violation, including:

(1) Issuing a cease-and-desist order;

(2) Requiring a party to make reports from time to time showing the extent of compliance with the Board’s order or ruling;

(3) Reinstatement;

(4) Communicating directly with employees about their rights; and

(5) Such further action as the Board may require.

G. If it has not been shown by a preponderance of the evidence that a party has engaged in or is engaging in a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Maryland, then the Board, in accordance with §E of this regulation, shall issue a final decision dismissing the charge.