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: February 6, 2012 (39:2 Md. R. 142)

Regulation .01A amended effective January 13, 2020 (47:1 Md. R. 17); 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. 17)

Regulation .04A amended effective January 13, 2020 (47:1 Md. R. 17)