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Ch. 723
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2912
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LAWS OF MARYLAND
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en banc or in panels of not less than three
commissioners. However, the Commission may, at its
discretion, provide that one hearing examiner be included
on a panel, in lieu of a third commissioner, in order to
constitute a panel of three. A MAJORITY OF THE
COMMISSION, OR ANY PANEL, SHALL CONSTITUTE A QUORUM.
(b) The Commission may delegate to a hearing
examiner, OR ANY COMMISSIONER, the authority to conduct
any proceeding within its jurisdiction. In each
delegated proceeding, the hearing examiner shall conduct
the hearing and any other proceeding that he may deem
necessary and prepare and file with the Commission a
proposed order, including findings of fact, which shall
become final unless appealed as provided in paragraph
(c). The proposed order shall be served on all parties
to the proceeding simultaneously with its being filed
with the Commission.
(c) Orders of a panel constituted under
subparagraph (a) shall be final. A proposed order of a
hearing examiner shall become final unless, within 30
days of the filing of that order with the Commission, an
appeal is noted with the Commission by any party to the
proceeding. Following the noting of an appeal, the
Commission promptly shall consider the matter on the
record before the hearing examiner, conduct any further
proceedings (including the filing of briefs and the
holding of oral argument) it deems necessary and,
thereafter, issue a final order in the matter.
16.
(b) The Commission shall hire hearing examiners to
the extent required. Hearing examiners shall constitute
a separate organizational unit reporting directly to the
Commission [and shall perform no other staff functions
than those relating to hearings].
SECTION 3. AND BE IT FURTHER ENACTED, That new
Sections 5A and 20 be and they are hereby added to
Article 78 - Public Service Commission Law, of the
Annotated Code of Maryland (1975 Replacement Volume and
1976 Supplement) to read as follows:
Article 78 - Public Service Commission Law
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THE GOVERNOR MAY APPOINT TWO PART-TIME COMMISSIONERS
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WHO SHALL SERVE FOR TERMS OF SIX YEARS. THE
QUALIFICATIONS SET FORTH IN §5 HEREOF SHALL APPLY TO THE
PART-TIME COMMISSIONERS, AND COMPENSATION SHALL BE AS
PROVIDED IN THE ANNUAL BUDGET. UPON ASSIGNMENT BY THE
CHAIRMAN OF THE COMMISSION, A PART-TIME COMMISSIONER IS
AUTHORIZED TO SIT IN THE ABSENCE OF A REGULAR
COMMISSIONER AND SHALL, IN SUCH INSTANCES, HAVE THE
AUTHORITY OF A REGULAR COMMISSIONER. A REGULAR
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