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PARRIS N. GLENDENING, Governor
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S.B. 31
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FOR the purpose of requiring the final decision maker in a contested case under the
Administrative Procedure Act to make the final decision within a certain period
of time after exceptions to the proposed decision are filed or arguments are
presented to the final decision maker, except as otherwise provided by law or by
agreement of the parties; and generally relating to contested cases under the
Administrative Procedure Act.
BY repealing and reenacting, with amendments,
Article - State Government
Section 10-216
Annotated Code of Maryland
(1999 Replacement Volume and 2001 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:
Article - State Government
10-216.
(a) (1) In the case of a single decision maker, if the final decision maker in a
contested case has not personally presided over the hearing, the final decision may
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.
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- 4397 -
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