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Session Laws, 1993
Volume 772, Page 1036   View pdf image
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Ch. 59

1993 LAWS OF MARYLAND

(I)      REVIEW THE OFFICE'S PROPOSED FINDINGS, CONCLUSIONS, OR
ORDER;

(II)     ISSUE THE PROPOSED DECISION, WHICH MAY INCLUDE THE
OFFICE'S PROPOSED FINDINGS, CONCLUSIONS, OR ORDER WITH OR WITHOUT
MODIFICATION; AND

(III)   SEND THE PROPOSED DECISION AND A COPY OF THE OFFICE'S .
PROPOSED FINDINGS, CONCLUSIONS, OR ORDER TO THE PARTIES.

(2) THE TIME LIMIT SPECIFIED IN PARAGRAPH (1) OF THIS SUBSECTION
MAY BE EXTENDED BY THE AGENCY HEAD, BOARD, OR COMMISSION WITH
WRITTEN NOTICE TO THE PARTIES.

(D) A PROPOSED DECISION OR ORDER, INCLUDING PROPOSED DECISIONS OR
ORDERS ISSUED FOR CONTESTED CASE HEARINGS SUBJECT TO THIS SUBTITLE BUT
NOT CONDUCTED BY THE OFFICE, SHALL:

(1)      BE IN WRITING OR STATED ON THE RECORD;

(2)      CONTAIN SEPARATE FINDINGS OF FACT AND CONCLUSIONS' OF LAW;

(3)      INCLUDE AN EXPLANATION OF PROCEDURES AND TIME LIMITS FOR
FILING EXCEPTIONS; AND

(4)      IF THE OFFICE CONDUCTED THE HEARING AND THE AGENCY'S
PROPOSED DECISION INCLUDES ANY CHANGES, MODIFICATIONS, OR AMENDMENTS
TO THE OFFICE'S PROPOSED FINDINGS, CONCLUSIONS, OR ORDERS, CONTAIN AN
EXPLANATION OF THE REASONS FOR EACH CHANGE, MODIFICATION, OR

AMENDMENT.

[10-214.] 10-221. FINAL DECISIONS AND ORDERS.

(a)     A final decision or order in a contested case that is adverse to a party shall be
in writing or stated on the record.                                                               

(b)     (1) A final decision in a contested case shall contain separate statements of:

(i) the findings of fact; [and]

(ii) the conclusions of law; AND

(III) THE ORDER.

(2) A WRITTEN STATEMENT OF APPEAL RIGHTS SHALL BE INCLUDED
WITH THE DECISION.

[(2)] (3) If the findings of fact are stated in statutory language, the; final
decision shall state concisely and explicitly the facts that support the findings.

[(3)] (4) If, in accordance with regulations, a party submitted proposed
findings of fact, the final decision shall state a ruling on each proposed finding.

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Session Laws, 1993
Volume 772, Page 1036   View pdf image
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