- A. The Secretary's designee shall decide a case within 14 days of the hearing based upon the entire record in the case and according to the burden of persuasion set forth in Regulation .11. The Secretary's designee may communicate with the parties for the purpose of developing a decision agreeable to all parties provided the Secretary's designee complies with Regulation .09B.
B. The Secretary's designee shall prepare a written decision which includes the following statements:
- (1) The issues presented for resolution;
- (2) Whether the appellant met the burden of persuasion as to each issue;
- (3) To what extent, if any, the relief requested by the appellant is being granted;
- (4) What, if any, action the Department is required to take and when the action shall occur; and
- (5) The appellant's right to appeal the decision of the Secretary's designee pursuant to Health-General Article, §7-406, Annotated Code of Maryland, if the relief requested was not granted.
- C. The Secretary's designee shall promptly deliver or mail copies of the final decision to all parties.
Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland
Effective date: February 21, 1975 (2:7 Md. R. 490)
Preface amended effective December 29, 1975 (3:4 Md. R. 217)
Chapter, Public and Private Residential Care Facilities Serving the Mentally Retarded (I.C.F—M.R.), repealed effective December 28, 1987 (14:26 Md. R. 2747)
Regulations .01—.13 Informal Hearings Under the Maryland Developmental Disabilities Law, adopted effective December 25, 1989 (16:25 Md. R. 2713)
COMAR 10.22.04 recodified to COMAR 10.22.16 effective July 26, 1999 (26:15 Md. R. 1148)
Regulation .03B amended effective December 31, 2018 (45:26 Md. R. 1245)