664

LAWS OF MARYLAND

Ch. 21

party who files exceptions orders -- and pays for
— a transcript. Also, under § 12-112(c)(2) of
this title, the hearing of the court is held on
the record of the administrative hearing. That
requirement, and practice, suggest that former
Article 59, § 27A(d) may have been intended only
as a policy statement, to the effect that
transcription is not required routinely. The
General Assembly may wish to clarify subsection
(c)(2) of this section.

Defined terms: "Court" § 12-101
"Department" § 1-101 "Person" § 1-101
"Includes"/"including" § 1-101
"Mental disorder" § 12-101

12-112. COURT ACTION ON REPORT.

(A)  ORDER WITHOUT HEARING.

(1)  IF TIMELY EXCEPTIONS ARE NOT FILED AND, ON
REVIEW OF THE REPORT, THE COURT DETERMINES THAT THE
RECOMMENDATIONS ARE SUPPORTED BY THE EVIDENCE AND OTHERWISE
APPROPRIATE, THE COURT SHALL ENTER AN ORDER IN ACCORDANCE
WITH THE RECOMMENDATIONS.

(2)  THE ORDER SHALL BE ENTERED WITHIN 30 DAYS
AFTER THE COURT RECEIVES THE REPORT.

(B)  HEARING REQUIRED; WAIVER.

(1)  IF TIMELY EXCEPTIONS ARE FILED OR THE COURT
DOES NOT INTEND TO FOLLOW THE RECOMMENDATIONS IN THE REPORT,
THE COURT SHALL HOLD A HEARING, UNLESS THE INDIVIDUAL AND
STATE'S ATTORNEY WAIVE THE HEARING.

(2)  THE HEARING SHALL BE HELD WITHIN 30 DAYS
AFTER THE COURT RECEIVES THE REPORT.

(C)  PROCEDURES FOR HEARING.

(1)  AT THE HEARING, THE INDIVIDUAL IS ENTITLED:

(I)  TO BE PRESENT; AND.

(II)  TO BE REPRESENTED BY COUNSEL.

(2)  THE COURT SHALL HOLD THE HEARING ON THE
RECORD THAT WAS MADE BEFORE THE HEARING EXAMINER AND, WHEN
REQUIRED, MAY ORDER A TRANSCRIPT OF THAT HEARING.

(3)  THE COURT MAY CONTINUE ITS HEARING AND
REMAND FOR THE HEARING OFFICER TO TAKE ADDITIONAL EVIDENCE.

REVISOR'S NOTE: This section is new language derived