1. A. Record Required. The Secretary shall prepare an official record of each hearing.

2. B. Contents. The record shall consist of:

   1. (1) All documents giving rise to the proceeding;
   2. (2) All requests for hearing;
   3. (3) All notices of proceedings;
   4. (4) All prehearing orders;
   5. (5) All questions;
   6. (6) All motions, pleadings, petitions, and requests and the ruling on each;
   7. (7) All briefs and memoranda;
   8. (8) All documentary and tangible evidence received or considered;
   9. (9) A statement of each fact of which official notice is taken;
   10. (10) Each proffer of proof and the ruling on the proffer;
   11. (11) Each objection and the ruling on the objection;
   12. (12) Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;
   13. (13) All matters placed on the record after an ex parte communication;
   14. (14) Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;
   15. (15) Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;
   16. (16) Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and
   17. (17) The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.

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)