HARRY HUGHES, Governor

1311

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
252A(a).

This section is revised to state expressly that the
"agency" has a duty to "make a record".

In item (2) of this section, the phrase "or
considered", which formerly modified the word
"evidence", is deleted to conform to § 10-209 of this
subtitle, which provides that an agency may not
consider any fact that is not offered into evidence
and made a part of the record.

In item (3) of this section, the word "fact" is
substituted for the former word "matters", to conform
to § 10-208(g) of this subtitle.

In item (4) of this section, the word "individual" is
substituted for the former language "hearing officer
or any other member of the agency", for brevity.

Item (8) of this section is revised to state expressly
that a proposed finding or conclusion may be made by a
party or a hearing officer. Therefore, in item (9) of
this section, the phrase "to a finding ... proposed by
a hearing officer" is added to modify the word
"exception", for clarity.

In item (10) of this section, the references to a
"ruling by or for the agency" and related reports and
opinion are substituted for the former, separate
references to "intermediate and final rulings" and to
the "decision ... by officer presiding at the
hearing", since the record is not limited to rulings
of officer at the hearing, who may not be authorized
by law to decide the contested case.

Defined terms: "Agency" § 10-201
"Contested case" § 10-201
"Includes";"including" § 1-101

10-211. TRANSCRIPTION OF PROCEEDINGS.

ALL OR PART OF PROCEEDINGS IN A CONTESTED CASE SHALL BE
TRANSCRIBED IF ANY PARTY:

(1)  REQUESTS THE TRANSCRIPTION; AND

(2)  PAYS ANY REQUIRED COSTS.

REVISOR'S NOTE: This section is new language
without substantive change from former Art
252A(b).