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§ 10-216. Cases where final decision maker does not preside over hearing

West's Annotated Code of MarylandState Government

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 10. Governmental Procedures (Refs & Annos)
Subtitle 2. Administrative Procedure Act--Contested Cases (Refs & Annos)
MD Code, State Government, § 10-216
§ 10-216. Cases where final decision maker does not preside over hearing
Proposed decision; exceptions; argument
(a)(1) In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:
(i) file exceptions with the agency to the proposed decision; and
(ii) present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.
(2) In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:
(i) file exceptions to the proposed decision with the agency; and
(ii) present argument to a majority of the officials who are to make the final decision.
(3) If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall:
(i) personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and
(ii) except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.
Final decision
(b) The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.

Credits

Added by Acts 1993, c. 59, § 1, eff. June 1, 1993. Amended by Acts 1995, c. 3, § 1, eff. March 7, 1995; Acts 2003, c. 391, § 1, eff. Oct. 1, 2003.
MD Code, State Government, § 10-216, MD STATE GOVT § 10-216
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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