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PARRIS N. GLENDENING, Governor
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Ch. 564
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(e) A contested case hearing shall be conducted in accordance with Subtitle 2
of Title 10 of the State Government Article.
(F) (1) THE CONTESTED CASE HEARING SHALL BE CONCLUDED, AND THE
RECORD SHALL BE CLOSED:
(I) WITHIN 6 MONTHS FOLLOWING RECEIPT OF THE REQUEST FOR
A CONTESTED CASE HEARING BY THE OFFICE OF ADMINISTRATIVE HEARINGS; OR
(II) IF A MOTION IS FILED UNDER § 1-606(A) OF THIS SUBTITLE,
WITHIN 8 MONTHS FOLLOWING RECEIPT OF THE REQUEST FOR A CONTESTED CASE
HEARING BY THE OFFICE OF ADMINISTRATIVE HEARINGS.
(2) THE DEADLINES IN THIS SUBSECTION MAY BE EXTENDED BY
AGREEMENT OF THE PARTIES AND WITH THE CONCURRENCE OF THE
ADMINISTRATE LAW JUDGE.
(G) (1) THE ADMINISTRATIVE LAW JUDGE SHALL ISSUE THE PROPOSED
DECISION WITHIN 90 DAYS FOLLOWING THE CLOSE OF THE RECORD IN THE
CONTESTED CASE HEARING.
(2) THE DEADLINE IN THIS SUBSECTION MAY BE EXTENDED, AT THE
DISCRETION OF THE ADMINISTRATIVE LAW JUDGE, FOR AN ADDITIONAL PERIOD
NOT TO EXCEED 30 DAYS.
(H) (1) ONCE A PROPOSED DECISION IS ISSUED BY THE ADMINISTRATIVE
LAW JUDGE IF AN EXCEPTION IS NOT FILED WITH THE DEPARTMENT, THE
PROPOSED DECISION SHALL BECOME FINAL UPON EXPIRATION OF THE TIME PERIOD
FOR FILING AN EXCEPTION.
(2) ONCE A PROPOSED DECISION IS ISSUED BY THE ADMINISTRATIVE
LAW JUDGE IF AN EXCEPTION IS FILED WITH THE DEPARTMENT, THE FINAL
DECISION SHALL BE RENDERED WITHIN 120 DAYS FOLLOWING ISSUANCE OF THE
PROPOSED DECISION.
(I) THE DEADLINES IN THIS SECTION SHALL BE CONSIDERED MANDATORY
AND NOT DIRECTORY.
1-606.
(A) UPON MOTION OF ANY PARTY, THE ADMINISTRATIVE LAW JUDGE SHALL
DISMISS ALL OR ANY PART OF A REQUEST FOR A CONTESTED CASE HEARING IF THE
ADMINISTRATIVE LAW JUDGE DETERMINES THAT THE PERSON MAKING THE
REQUEST HAS FAILED TO MAKE THE DEMONSTRATION REQUIRED BY § 1-605 OF THIS
SUBTITLE, INCLUDING THE FAILURE TO MAKE FACTUAL ALLEGATIONS WITH
SUFFICIENT PARTICULARITY TO DEMONSTRATE THAT THE PERSON IS AGGRIEVED
BY THE FINAL DETERMINATION.
(B) (1) THE ADMINISTRATIVE LAW JUDGE SHALL RULE ON ANY MOTION
FILED UNDER SUBSECTION (A) OF THIS SECTION WITHIN 60 DAYS FOLLOWING
RECEIPT OF THE MOTION.
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- 4213 -
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