- A. A verbatim recording of the fair hearing shall be made. Nonrecorded or confidential information, which the appellant does not have an opportunity to hear or see, may not be made a part of the hearing record. One transcribed copy of the recording shall be supplied to the appellant at no cost if the appellant takes a further appeal.
B. The following shall constitute the exclusive record of the hearing:
- (1) The transcript or recording of testimony and exhibits, or an official report containing the substance of what happened at the hearing;
- (2) All papers and requests, including those maintained electronically, filed in the proceeding; and
- (3) The administrative law judge’s decision.
- C. The recording of testimony shall remain in the custody of the Office of Administrative Hearings for a period not to exceed 2 years, or until all litigation involving the decision is terminated. All other components of the record shall remain in the custody of the Exchange for a period not to exceed 2 years, or until all litigation involving the decision is terminated.
Authority: Insurance Article, §§31-106(c)(1)(iv) and 31-108(b)(1), (10), and (17), Annotated Code of Maryland
Effective date: June 8, 2015 (42:11 Md. R. 726)
Regulation .01 amended effective November 29, 2021 (48:24 Md. R. 1025)
Regulation .02B amended effective November 29, 2021 (48:24 Md. R. 1025)
Regulation .09C amended effective November 29, 2021 (48:24 Md. R. 1025)
Regulation .12 amended effective November 29, 2021 (48:24 Md. R. 1025)