Ch. 392                                    2003 LAWS OF MARYLAND

not be made until each party is given notice of the proposed decision in accordance
with § 10-220 of this subtitle and an opportunity to:

(i) file exceptions with the agency to the proposed decision; and

(ii) present argument to the final decision maker that the proposed
decision should be affirmed, reversed, or remanded.

(2)     In the case of a decision-making body, if a majority of the officials
who are to make a final decision in a contested case have not personally presided over
the hearing, the officials may not make the final decision until each party is given
notice of the proposed decision in accordance with § 10-220 of this subtitle and an
opportunity to:

(i) file exceptions to the proposed decision with the agency; and

(ii) present argument to a majority of the officials who are to make
the final decision.

(3)     If a party files exceptions or presents argument under paragraph (1)
or (2) of this subsection, the official or officials who are to make the final decision
shall:

(I)      personally consider each part of the record that a party cites in
its exceptions or arguments before making a final decision; AND

(II)     EXCEPT AS OTHERWISE PROVIDED BY LAW OR BY AGREEMENT
OF THE PARTIES, MAKE THE FINAL DECISION WITHIN 90 DAYS AFTER THE
EXCEPTIONS ARE FILED OR THE ARGUMENT IS PRESENTED, WHICHEVER IS LATER.

(b) The final decision shall identify any changes, modifications, or
amendments to the proposed decision and the reasons for the changes, modifications,
or amendments.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply to
any proposed decision issued in a contested case under Title 10, Subtitle 2 of the State
Government Article after the effective date of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2003.

Approved May 22, 2003.

CHAPTER 392
(Senate Bill 524)

AN ACT concerning

Department of Human Resources - Child Support Enforcement
Privatization Pilot Program and Demonstration Sites - Established

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