1. A. Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:

   1. (1) Involve novel or unanticipated factual or legal issues;
   2. (2) Have significant social or fiscal consequences;
   3. (3) Involve policy issues of general applicability; or
   4. (4) Be likely to have precedential value.

2. B. Timing. The revocation may be made at any time before the earlier of:

   1. (1) The issuance of a ruling on a substantive issue; or
   2. (2) The taking of oral testimony from the first witness.

3. C. Notice.

   1. (1) The Secretary shall provide written notice of a revocation to all parties and the OAH.

   2. (2) The written notice shall:

      1. (a) Contain a brief statement of the reason for the revocation;
      2. (b) Specify whether all or part of the delegation to hear the case is revoked; and
      3. (c) If less than all of the delegation is revoked, specify the parts of the contested case for which the delegation has been revoked.

4. D. Decision; Record.

   1. (1) The Secretary's subsequent decision in the case shall reflect the fact that delegation to the OAH was revoked.
   2. (2) A copy of the revocation notice shall be made a part of the record.

Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

Effective date: June 18, 2007 (34:12 Md. R. 1067)