1. A. The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges.

2. B. When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges:

   1. (1) The Administrative Procedure Act, State Government Article, §10-212, Annotated Code of Maryland, shall apply; and
   2. (2) The designated individual shall issue a proposed decision in accordance with State Government Article, §§10-216(a) and 10-220(d), Annotated Code of Maryland.

3. C. The proposed decision shall be in writing and:

   1. (1) Be issued within 30 days of the close of the record;

   2. (2) Be sent by certified mail to:

      1. (a) The ALJ who filed the appeal;
      2. (b) The Chief ALJ; and
      3. (c) The parties’ counsel of record; and

   3. (3) Include:

      1. (a) Findings of fact and conclusions of law; and

      2. (b) Notice in accordance with State Government Article, §10-216(a), Annotated Code of Maryland, that:

         1. (i) Written exceptions may be filed with the Office within 15 days after the proposed decision is mailed; and
         2. (ii) Oral argument may be requested in writing at the time that exceptions are filed.

Authority: State Government Article, §§9-1604 and 10-206, Annotated Code of Maryland

Effective date: September 16, 1991 (18:18 Md. R. 2009)

Chapter revised effective January 10, 2020 (46:26 Md. R. 1168)