1. A. The administrative law judge shall:

   1. (1) Base the decision on the complete record; and
   2. (2) Determine whether the Office correctly applied State regulations in effect at the time it reached its decision.
2. B. The final decision of the administrative law judge shall be accompanied by findings of fact and conclusions of law.
3. C. The final decision shall be binding upon the Department and shall be implemented immediately unless otherwise specifically indicated in the decision.
4. D. The decision of the Office of Administrative Hearings in cases under this chapter constitutes the decision of the Department.
5. E. A copy of the decision shall be delivered or mailed promptly to each party or the attorney of record.
6. F. A party dissatisfied with the decision of the administrative law judge may appeal that decision directly to the circuit court of the appropriate jurisdiction within 30 days from the date notice of the decision is sent to the party, or as otherwise provided in Maryland Rules 7-201 — 7-211.

Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320, and 9.5-321;
General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)

Effective date:

Regulations .01—.08 adopted as an emergency provision effective

February 20, 1991 (18:5 Md. R. 587); emergency status expired August 20, 1991

Regulations .01—.08 adopted effective September 2, 1991 (18:17 Md. R. 1916)

Transferred from COMAR 07.04.03 to 13A.14.03 effective January 1, 2006

Regulation .06A amended effective December 17, 2007 (34:25 Md. R. 2213)

Chapter recodified from COMAR 13A.14.03 to 13A.15.14 effective October 20, 2008 (35:21 Md. R. 1826)

Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 12); December 25, 2023 (50:25 Md. R. 1089)

Regulation .02B amended effective December 25, 2023 (50:25 Md. R. 1089)

Regulation .03A, B amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .03B amended effective March 21, 2011 (38:6 Md. R. 396)

Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 12)

Regulation .08F amended effective April 19, 2010 (37:8 Md. R. 618)