Ch. 347

1996 LAWS OF MARYLAND

(2) WHEN A DECISION IS NOT ISSUED WITHIN 60 DAYS AFTER THE
COMPLAINT IS FILED AND THE COMPLAINANT REQUESTS A HEARING.

(B)     (1) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL CONDUCT A
HEARING ON EACH APPEAL IN ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE
STATE GOVERNMENT ARTICLE THE OFFICE IS BOUND BY ANY REGULATION,
DECLARATORY RULING, PRIOR ADJUDICATION, OR OTHER SETTLED, PREEXISTING
POLICY, TO THE SAME EXTENT AS THE DEPARTMENT IS OR WOULD HAVE BEEN
BOUND IF IT WERE HEARING THE CASE.

(2)     A RECORD THAT IS PROTECTED FROM DISCLOSURE UNDER TITLE
10, SUBTITLE 6 OF THE STATE GOVERNMENT ARTICLE MAY BE USED AS EVIDENCE IN
A HEARING ONLY IF:

(I)      THE MATERIAL IS ESSENTIAL TO THE CONDUCT OF THE
HEARING; AND

(II)     NAMES AND OTHER IDENTIFYING INFORMATION ARE
DELETED TO THE EXTENT NECESSARY TO MAINTAIN CONFIDENTIALITY.

(3)     THE CONFIDENTIALITY OF RECORDS AND INFORMATION
PROTECTED FROM DISCLOSURE UNDER TITLE 10, SUBTITLE 6 OF THE STATE
GOVERNMENT ARTICLE SHALL BE MAINTAINED IN EACH HEARING.

(C)     (1) WITHIN 45 DAYS AFTER THE CLOSE OF THE HEARING RECORD, THE
OFFICE OF ADMINISTRATIVE HEARINGS SHALL ISSUE TO THE PARTIES A WRITTEN
DECISION AND MAY GRANT ANY APPROPRIATE RELIEF UNDER SUBSECTION (D) OF
THIS SECTION.

(2) THE DECISION OF THE OFFICE OF ADMINISTRATIVE HEARINGS IS
FINAL.

(D)    A COMPLAINANT WHO PREVAILS AT A HEARING MAY BE AWARDED ANY
APPROPRIATE RELIEF, INCLUDING:

(1)     ANY REMEDIAL ACTION ALLOWED UNDER § 5-309(E) OF THIS
SUBTITLE; AND

(2)     COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES.

(E)     A COMPLAINANT OR APPOINTING AUTHORITY MAY APPEAL THE
DECISION ISSUED UNDER SUBSECTION (C) OF THIS SECTION IN ACCORDANCE WITH §
10-222 OF THE STATE GOVERNMENT ARTICLE.

5-311.

AFTER REVIEWING A FINAL DECISION UNDER THIS SUBTITLE, THE COURT MAY
AWARD COSTS OF LITIGATION AND REASONABLE ATTORNEY'S FEES TO A
PREVAILING COMPLAINANT AND ANY OTHER APPROPRIATE RELIEF.

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