Defined terms: "Correctional facility" § 1-101
"Office" § 10-201
"Person" § 1-101
"Secretary" § 1-101.

10-209. DISPOSITION; REVIEW BY SECRETARY.

(A) ORDER.

(1) PROMPTLY AFTER THE HEARING ON A COMPLAINT, THE OFFICE OF
ADMINISTRATIVE HEARINGS SHALL ISSUE A DECISION IN THE FORM OF AN ORDER.

(2) THE ORDER SHALL INCLUDE A STATEMENT OF THE FINDINGS OF
FACT, THE CONCLUSIONS OF LAW, AND THE DISPOSITION OF THE COMPLAINT
UNDER SUBSECTION (B) OF THIS SECTION.

(B) TYPES OF DISPOSITION:

(1) (I) IF THE OFFICE OF ADMINISTRATIVE HEARINGS DISMISSES THE
COMPLAINT AS WHOLLY LACKING IN MERIT, IT PROMPTLY SHALL FORWARD AN
ORDER OF DISMISSAL TO THE COMPLAINANT.

(II) THE ORDER OF DISMISSAL CONSTITUTES THE FINAL DECISION
OF THE SECRETARY FOR PURPOSES OF JUDICIAL REVIEW.

(2) IF THE OFFICE OF ADMINISTRATIVE HEARINGS CONCLUDES THAT
THE COMPLAINT IS WHOLLY OR PARTLY MERITORIOUS, IT PROMPTLY SHALL
FORWARD A PROPOSED ORDER TO THE SECRETARY

(C) REVIEW BY SECRETARY.

(1) WITHIN 15 DAYS AFTER. RECEIVING A PROPOSED ORDER UNDER
SUBSECTION (B)(2) OF THIS SECTION, THE SECRETARY SHALL ISSUE AN ORDER
AFFIRMING, REVERSING, OR MODIFYING THE ORDER OF THE OFFICE OF
ADMINISTRATIVE HEARINGS.

(2) THE SECRETARY MAY TAKE ANY ACTION THE SECRETARY
CONSIDERS APPROPRIATE IN LIGHT OF THE FINDINGS OF THE OFFICE OF
ADMINISTRATIVE HEARINGS, INCLUDING ORDERING THE APPROPRIATE OFFICIAL TO
ACCEPT AS A WHOLE OR IN PART THE RECOMMENDATION OF THE OFFICE OF
ADMINISTRATIVE HEARINGS.

(3) (I) THE SECRETARY'S ORDER SHALL BE FORWARDED PROMPTLY
TO THE COMPLAINANT.

(II) THE SECRETARY'S ORDER CONSTITUTES THE FINAL DECISION
FOR PURPOSES OF JUDICIAL REVIEW.

REVISOR'S NOTE: This section is new language derived without substantive
change from the third and fourth sentences of former Art. 41, § 4-102.1(e).

In subsection (a)(1) of this section, the phrase "on a complaint" is added to
state expressly that which was only implied in the former law.