Md. Code Regs. 26.01.02.31

Current through Register Vol. 51, No. 10, May 17, 2024

Section 26.01.02.31 - Decision of the Hearing Examiner

A. The hearing examiner need not prepare or submit a decision or a proposed decision if the contested case has been withdrawn, or disposed of by stipulation, settlement, consent order, or default.

B. The hearing examiner shall decide a case on the basis of the evidence and according to the applicable burden of persuasion. The hearing examiner may use his or her experience, technical competence, and specialized knowledge in the evaluation of evidence.

C. A decision or proposed decision shall be prepared in writing by the hearing examiner and shall contain findings of fact and conclusions of law, separately stated, and an order if appropriate. If the findings of fact are set forth in language that is no more than mere repetition or paraphrase of the relevant provision of law, the decision or proposed decision shall be accompanied by a concise and explicit statement of the underlying facts of record to support the findings. If the hearing examiner required the submission of proposed findings of fact, the decision or proposed decision shall include a ruling on each proposed finding.

D. If the hearing examiner is not the final decision maker, the hearing examiner shall submit the proposed decision to the final decision maker with a copy to each party. Exceptions to the proposed decision may be filed under Regulation .35, of this chapter, and the hearing examiner shall provide written notice to the parties, or to their representatives of record, that any party, including the Department, if adversely affected, may file exceptions to that proposed decision, and may, by specific mention, request an opportunity to give oral argument before the Secretary.

E. If the hearing examiner is the final decision maker, the decision of the hearing examiner is the final decision of the Department subject only to reconsideration under Regulation .38 of this chapter. A copy of the final decision shall be sent to each party.

Md. Code Regs. 26.01.02.31

Regulations .31 adopted effective October 16, 1989 (16:20 Md. R. 2183)