Section 10-220 - Proposed decisions and orders. - Maryland Statutes

§ 10-220. Proposed decisions and orders.
 

(a)  Preparation.- If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency's delegation under § 10-205 of this subtitle. 

(b)  Submission.- The Office shall send its proposed findings, conclusions, or orders: 

(1) to the parties and the agency directly; or 

(2) if the agency's delegation under § 10-205 of this subtitle requires, to the agency for distribution by the agency to the parties. 

(c)  Review and issuance.-  

(1) Within 60 days after receipt of the Office's proposed findings, conclusions, or order under subsection (b) (2) of this section, the agency shall: 

(i) review the Office's proposed findings, conclusions, or order; 

(ii) issue the proposed decision, which may include the Office's proposed findings, conclusions, or order with or without modification; and 

(iii) send the proposed decision and a copy of the Office's proposed findings, conclusions, or order to the parties. 

(2) The time limit specified in paragraph (1) of this subsection may be extended by the agency head, board, or commission with written notice to the parties. 

(d)  Form and contents.- A proposed decision or order, including proposed decisions or orders issued for contested case hearings subject to this subtitle but not conducted by the Office, shall: 

(1) be in writing or stated on the record; 

(2) contain separate findings of fact and conclusions of law; 

(3) include an explanation of procedures and time limits for filing exceptions; and 

(4) if the Office conducted the hearing and the agency's proposed decision includes any changes, modifications, or amendments to the Office's proposed findings, conclusions, or orders, contain an explanation of the reasons for each change, modification, or amendment. 
 

[1993, ch. 59, § 1.]