(a) 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) 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) (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) 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.
Structure Maryland Statutes
Title 10 - Governmental Procedures
Subtitle 2 - Administrative Procedure Act -- Contested Cases
Section 10-201 - Declaration of Policy
Section 10-203 - Scope of Subtitle
Section 10-204 - Political Subdivisions and Instrumentalities
Section 10-205 - Delegation of Hearing Authority
Section 10-206 - Procedural Regulations
Section 10-206.1 - Legal Practice
Section 10-207 - Notice of Agency Action
Section 10-208 - Notice of Hearing
Section 10-209 - Notice Mailed to Address of Licensee
Section 10-211 - Hearings Conducted by Electronic Means
Section 10-212 - Open Hearings
Section 10-212.1 - Interpreters
Section 10-214 - Consideration of Other Evidence
Section 10-215 - Transcription of Proceedings; Fees
Section 10-218 - Contents of Record
Section 10-219 - Ex Parte Communications
Section 10-220 - Proposed Decisions and Orders
Section 10-221 - Final Decisions and Orders
Section 10-222 - Judicial Review
Section 10-222.1 - Administrative Orders
Section 10-223 - Appeals to Court of Special Appeals
Section 10-224 - Litigation Expenses for Small Businesses and Nonprofit Organizations