A HEARING EXAMINER SHALL DETERMINE IF AN INMATE IS SUITABLE FOR
PAROLE IN ACCORDANCE WITH THE STANDARDS SPECIFIED IN § 7-305 OF THIS
SUBTITLE.

(D) RECOMMENDATIONS AND REPORT OF HEARING EXAMINER; EXCEPTIONS.

(1) AT THE CONCLUSION OF THE HEARING, THE HEARING EXAMINER
SHALL INFORM THE INMATE OF THE HEARING EXAMINER'S RECOMMENDATION FOR
PAROLE OR DENIAL OF PAROLE.

(2) WITHIN 21 DAYS AFTER THE HEARING, THE HEARING EXAMINER
SHALL GIVE TO THE COMMISSION, THE COMMISSIONER OF CORRECTION, AND THE
INMATE A WRITTEN REPORT OF THE HEARING EXAMINER'S FINDINGS AND
RECOMMENDATION FOR PAROLE OR DENIAL OF PAROLE.

(3) THE COMMISSIONER OF CORRECTION OR THE INMATE MAY FILE
WITH THE COMMISSION WRITTEN EXCEPTIONS TO THE REPORT OF A HEARING
EXAMINER NO LATER THAN 5 DAYS AFTER THE REPORT IS RECEIVED.

(E) REVIEW OF RECOMMENDATION OF HEARING EXAMINER

(1) SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION, ONE
COMMISSIONER ASSIGNED BY THE CHAIRPERSON OF THE COMMISSION SHALL
REVIEW SUMMARILY THE RECOMMENDATION OF THE HEARING EXAMINER

(2) (I) THE COMMISSION, ON ITS OWN INITIATIVE OR ON THE FILING
OF AN EXCEPTION, MAY SCHEDULE A HEARING ON THE RECORD BY THE ENTIRE
COMMISSION OR BY A PANEL OF AT LEAST TWO COMMISSIONERS ASSIGNED BY THE
CHAIRPERSON OF THE COMMISSION.

(II) THE COMMISSION OR PANEL SHALL RENDER A WRITTEN
DECISION ON THE APPEAL.

(III) THE DECISION OF THE COMMISSION OR PANEL IS FINAL.

(3) IF AN EXCEPTION IS NOT FILED AND THE COMMISSION DOES NOT
ACT ON ITS OWN INITIATIVE WITHIN THE 5-DAY APPEAL PERIOD ESTABLISHED
UNDER SUBSECTION (D)(3) OF THIS SECTION, THE RECOMMENDATION OF THE
HEARING EXAMINER IS APPROVED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 41, § 4-508(a), (b), (c), (d)(1), (2), and (3), and (e).

In subsection (b) of this section, the reference to the duty of "[t]he
Commission" to keep a record of each hearing is added to state expressly
that which was only implied in the former law, i.e., the Commission is the
entity that is responsible for keeping a record of each hearing.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that subsection (c) of this section
requires a hearing examiner to determine whether an inmate is suitable
for parole in accordance with the "standards" specified in § 7-305 of this
subtitle. The Committee believes that this reference to "standards" is