Sec. 30.09.09.09. Hearings

A. Initiation of a Hearing.

(1) If an applicant or licensee has a license denied, suspended, or revoked, or wishes to contest a noncompliance notice or remedial action, the applicant or licensee may request a hearing before an administrative law judge by filing a request for a hearing with SOCALR. The request for a hearing must be received by SOCALR not later than 7 calendar days after the applicant or licensee receives the written denial, suspension, revocation, or noncompliance notice.

(2) Within 7 calendar days of receiving a request for a hearing, SOCALR shall forward the request to the Office of Administrative Hearings.

(3) A hearing shall be scheduled as soon as practical for all parties and the Office of Administrative Hearings but shall be within the following time periods after receipt of the hearing request by SOCALR:

(a) For summary suspensions under Regulation .07 of this chapter, 21 calendar days; or

(b) For all other hearings, 60 calendar days.

(4) Failure of a party to make a timely request to contest a noncompliance notice, remedial action, or denial, suspension, or revocation of a license shall render the action taken the final agency action.

B. Hearing Procedures.

(1) A hearing is governed by COMAR Title 28, except as modified in this regulation.

(2) For denial of a license, the applicant has the burden of proving, by a preponderance of the evidence, full satisfaction of all requirements and entitlement to the license.

(3) For suspensions, revocations, and contested noncompliance or violation notices, SOCALR has the burden of proving, by a preponderance of the evidence, the violation or violations alleged.

(4) In a proceeding before an administrative law judge or a court, SOCALR may disclose information that contains or might reveal confidential business information if:

(a) The information is relevant to the case at hand; and

(b) Before disclosure, the administrative law judge or court that is conducting the proceeding enters an appropriate order to protect confidential business information.

C. Final Decision.

(1) The decision of the administrative law judge is final as to all factual matters submitted at the hearing.

(2) The Executive Director retains the final decision-making authority on all penalties including denial, suspension, or revocation of a license or required remedial action.

(3) The administrative law judge shall render a proposed decision on all factual and legal matters and on the recommended penalty within the following time periods after conclusion of the hearing or after receipt of written closing statements or proposed findings of fact, whichever is later:

(a) For summary suspensions under Regulation .07 of this chapter, 21 calendar days; or

(b) For all other hearings, 60 calendar days.

D. Exceptions.

(1) Any party dissatisfied with the proposed decision of the administrative law judge may file written exceptions with the Executive Director or the Executive Director's designee as provided in this section:

(2) Exceptions shall be received by the Executive Director or the Executive Director's designee within 10 calendar days after receipt of the proposed decision by the excepting party, or within 14 calendar days after the date of the proposed decision, whichever is earlier, and copies shall be promptly served on all other parties to the hearing.

(3) If exceptions are timely filed, any other party may file opposing or reply comments with the Executive Director or the Executive Director's designee within 10 calendar days of the date of filing of the original exceptions. The party shall promptly serve copies on all other parties to the hearing.

(4) If exceptions are timely filed, the Executive Director or the Executive Director's designee shall consider the proposed decision, the exceptions, and any responses to the exception, and the portions of the administrative record as cited by the parties and as considered necessary. The Executive Director or the Executive Director's designee shall render a final written decision without the receipt of any new evidence, but after the opportunity for oral arguments before the Executive Director or the Executive Director's designee.

(5) If exceptions are not timely filed, the Executive Director or the Executive Director's designee shall issue a final decision as soon as possible which shall include adoption or modification of the penalty recommended by the administrative law judge.

(6) Unless the Executive Director or the Executive Director's designee orders a summary suspension under Regulation .07 of this chapter, any suspension or revocation of a license shall be stayed during the pendency of timely filed and pursued administrative proceedings, but not after a final agency decision.

E. Judicial Review. Final contested case decisions of the Executive Director are subject to judicial review as provided by law. MIEMSS shall be a party to any review.