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ROBERT L. EHRLICH, JR., Governor
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Ch. 283
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(7) THE ADMINISTRATIVE LAW JUDGE MAY ISSUE A PROTECTIVE ORDER
FOR GOOD CAUSE AS IS LAWFUL AND AS THE ADMINISTRATIVE LAW JUDGE
DETERMINES TO BE APPROPRIATE TO;
(I) LIMIT, OR OTHERWISE IMPOSE CONDITIONS ON, ACCESS BY
ANY PERSON TO ANY DOCUMENT IN THE POSSESSION OF A PARTY, INCLUDING ANY
DOCUMENT IN THE STATE'S POSSESSION OR IN THE RECORD OF THE HEARING THAT
IS NOT A PUBLIC RECORD; AND
(II) CLOSE ALL OR ANY PORTION OF THE HEARING OR OTHERWISE
IMPOSE CONDITIONS ON ACCESS TO THE HEARING BY ANY PERSON.
(8) WITHOUT LIMITING THE SCOPE OF THE ADMINISTRATIVE LAW
JUDGE'S AUTHORITY TO ISSUE PROTECTIVE ORDERS, IT IS UNDERSTOOD THAT THE
ADMINISTRATIVE LAW JUDGE MAY LIMIT, OR OTHERWISE IMPOSE CONDITIONS ON, A
PARTY'S ACCESS TO RECORDS OR PRESENCE DURING THE HEARING ONLY TO THE
EXTENT THE LIMITS OR CONDITIONS CAN BE IMPOSED IN A MANNER THAT IS
CONSISTENT WITH THE RIGHT, IF ANY, A PARTY MAY HAVE TO ACCESS THE RECORDS
OR BE PRESENT DURING THE HEARING UNDER APPLICABLE LAW, INCLUDING
EXPRESS PROVISIONS OF THIS TITLE.
(9) BASED ON THE EVIDENCE PRESENTED AT THE CONTESTED CASE
HEARING, AND WITHIN 30 CALENDAR DAYS AFTER THE HEARING, THE
ADMINISTRATIVE LAW JUDGE SHALL PREPARE A WRITTEN DECISION.
(10) (3) (I) AT THE CONCLUSION OF THE CONTESTED CASE HEARING.
THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE A WRITTEN DECISION.
(II) THE ADMINISTRATIVE LAW JUDGE'S WRITTEN DECISION MAY:
(I) 1. AFFIRM OR REJECT THE INITIAL FINDINGS AND
RECOMMENDATIONS;
(II) 2. SUBSTITUTE DIFFERENT FINDINGS OR RECOMMEND
APPROPRIATE REMEDIES; OR
(III) 3. CONTINUE THE HEARING AND RETURN THE CASE TO THE
ATTORNEY GENERAL COMMISSION FOR FURTHER INVESTIGATION AND FINDINGS
AND TO REPORT TO THE ADMINISTRATIVE LAW JUDGE ON THE RESULTS OF THE
INVESTIGATION WITHIN THE TIME FRAME THE ADMINISTRATIVE LAW JUDGE MAY
SPECIFY.
(11) (4) THE ADMINISTRATIVE LAW JUDGE'S WRITTEN DECISION SHALL
BE SOLELY BASED ON A PREPONDERANCE OF THE EVIDENCE CONTAINED IN THE
RECORD OF THE CONTESTED CASE HEARING AND SHALL REFLECT THE
EVIDENTIARY BASIS FOR ITS FINDINGS.
(E) NOTWITHSTANDING ANY CONTRARY PROVISION IN THIS TITLE, UNLESS
THE ADMINISTRATIVE LAW JUDGE FINDS THAT ONE OR MORE ALLEGATIONS GIVING
RISE TO THE ATTORNEY GENERAL'S COMMISSION'S FINDINGS OR THE BUSINESS
ENTITY'S CHALLENGE TO THE FINDINGS WERE FRIVOLOUS OR KNOWINGLY FALSE
- 1593 -
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