Ch. 59

1993 LAWS OF MARYLAND

(D) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, AN
AGENCY'S DELEGATION AND TRANSMITTAL OF ALL OR PART OF A CONTESTED
CASE TO THE OFFICE IS FINAL.

(2) IF AN AGENCY HAS ADOPTED REGULATIONS SPECIFYING THE
CRITERIA AND PROCEDURES FOR THE REVOCATION OF A DELEGATION OF A
CONTESTED CASE, DELEGATION OF AUTHORITY TO HEAR ALL OR PART OF A
CONTESTED CASE MAY BE REVOKED, BY THE AGENCY HEAD, BOARD, OR
COMMISSION, IN ACCORDANCE WITH THE AGENCY'S REGULATIONS, AT ANY TIME
PRIOR TO THE EARLIER OF:

(I)      THE ISSUANCE OF A RULING ON A SUBSTANTIVE ISSUE; OR

(II)     THE TAKING OF ORAL TESTIMONY FROM THE FIRST WITNESS.
[(b)](E) (1) The Office [of Administrative Hearings] shall:

[(1)](I) conduct the hearing; and

[(2) submit in writing to the parties involved in the administrative action,
including the agency, official, or employee who delegated the authority:

(i) proposed findings of fact and proposed conclusions of law; or

(ii) if the agency has delegated the authority to issue a final decision to
the Office of Administrative Hearings final findings of fact and conclusions of law]

(II) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION
OR AS OTHERWISE REQUIRED BY LAW, WITHIN 90 DAYS AFTER THE COMPLETION OF
THE HEARING, COMPLETE THE PROCEDURE AUTHORIZED IN THE AGENCY'S
DELEGATION TO THE OFFICE.

(2) THE TIME LIMIT SPECIFIED IN PARAGRAPH (1)(II) OF THIS
SUBSECTION MAY BE EXTENDED WITH THE WRITTEN APPROVAL OF THE CHIEF
ADMINISTRATIVE LAW JUDGE.

[10-204.] 10-206. PROCEDURAL REGULATIONS.

[(a) (1) Each agency shall adopt regulations to govern procedures under this
subtitle and practice before the agency, including the related forms that the agency
requires and the instructions for completing the forms.]

(A)     (1) THE OFFICE SHALL ADOPT REGULATIONS TO GOVERN THE
PROCEDURES AND PRACTICE IN ALL CONTESTED CASES DELEGATED TO THE
OFFICE AND CONDUCTED UNDER THIS SUBTITLE.

(2) UNLESS A FEDERAL OR STATE LAW REQUIRES THAT A FEDERAL OR
STATE PROCEDURE SHALL BE OBSERVED, THE REGULATIONS ADOPTED UNDER
PARAGRAPH (1) OF THIS SUBSECTION SHALL TAKE PRECEDENCE IN THE EVENT OF A
CONFLICT.

(B)     EACH AGENCY MAY ADOPT REGULATIONS TO GOVERN PROCEDURES
UNDER THIS SUBTITLE AND PRACTICE BEFORE THE AGENCY IN CONTESTED CASES.

- 1026 -