HARRY HUGHES, Governor                                         1307

This section is revised to state expressly that an
agency disposes of a contested case.

In item (2) of this section, the word "agreed", which
formerly modified the word "settlement", is deleted as
implicit in "settlement".

Defined terms: "Agency" § 10-201
"Contested case" § 10-201

10-207. DELEGATION OF HEARING AUTHORITY.

(A)  AUTHORIZED.

AN AGENCY OR AN OFFICIAL OR EMPLOYEE OF AN AGENCY MAY
DELEGATE TO A HEARING OFFICER THE AUTHORITY THAT THE AGENCY,
OFFICIAL, OR EMPLOYEE HAS TO HEAR PARTICULAR CONTESTED CASES.

(B)  DUTIES OF HEARING OFFICER.
THE HEARING OFFICER SHALL:

(1)  CONDUCT THE HEARING; AND

(2)  SUBMIT IN WRITING TO THE AGENCY, OFFICIAL, OR
EMPLOYEE WHO DELEGATED THE AUTHORITY:

(I)  PROPOSED FINDINGS OF FACT; AND

(II)  PROPOSED CONCLUSIONS OF LAW.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
251A(b).

In subsection (a) of this section, the phrase
"particular contested cases" is substituted for the
former reference to delegation of authority "on an ad
hoc basis", for clarity. This substitution reflects
that, in practice, officials delegate authority to
hear a group of a particular type of case and do not
delegate cases individually.

Also in subsection (a) of this section, the former
phrase "[i]n addition to any other hearing authority
or procedure authorized by law" is deleted as
surplusage.

In subsection (b)(2) of this section, the clause "who
delegated the authority" is added to modify the
reference to an "agency, official, or employee", for
clarity.

Defined terms: "Agency" § 10-201