1. A. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.

2. B. The presiding officer shall:

   1. (1) Prepare the final decision in writing or state it in the record;
   2. (2) If the final decision is in writing, forward a copy to each party or to the party's attorney;
   3. (3) Include findings of fact and conclusions of law, separately stated; and
   4. (4) Include procedures and time limits for filing exceptions.
3. C. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland.

Authority: State Government Article, Title 10, Subtitle 2; Correctional Services Article, §2-109; Annotated Code of Maryland

Effective date: August 13, 1984 (11:16 Md. R. 1393)

Chapter revised effective April 12, 2004 (31:7 Md. R. 585)