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Ch. 530
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2007 Laws of Maryland
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(3) THE REQUESTING PARTY SHALL IMMEDIATELY SERVE NOTICE
OF THE REQUEST FOR A CONTESTED CASE HEARING UPON ALL OTHER PARTIES.
(c) If the business entity fails to properly request a contested case hearing,
the initial findings and recommendations of the Commission shall become the final
administrative decision of the State, and the Commission shall then be authorized to
enter any order and to take any action reasonably necessary or convenient to:
(1) implement remedies under § 19-110 of this title;
(2) impose sanctions under § 19-111 of this title; and
(3) govern the conduct of the parties in the manner described under §
19-112 of this title so that the purposes of this title are achieved.
(d) (1) (i) For each contested case hearing properly requested by the
business entity or by the complainant, the Commission shall [delegate the matter to]
FILE A STATEMENT OF CHARGES WITH the Office of Administrative Hearings [to
assign] AND REQUEST A HEARING BEFORE an administrative law judge [to conduct
a hearing] in a manner consistent with the requirements of this subsection.
(ii) THE COMMISSION MAY DESIGNATE THE VENUE FOR
THE CONTESTED CASE HEARING, TAKING INTO CONSIDERATION THE
CONVENIENCE OF THE PARTIES AND THE LOCATION OF THE EVIDENCE.
(III) At the contested case hearing, the Commission shall have
the burden of proof by a preponderance of the evidence.
(2) The Office of Administrative Hearings shall conduct any contested
case hearing in accordance with its rules of procedure under COMAR 28.02.01.
(3) (i) At the conclusion of the contested case hearing, the
administrative law judge shall issue a written decision.
(ii) The administrative law judge's written decision may:
1. affirm or reject [the initial findings and
recommendations] ALL OR PART OF THE STATEMENT OF CHARGES; OR
2. substitute different findings [or] AND recommend
appropriate remedies[; or
3. continue the hearing and return the case to the
Commission for further investigation and findings and to report to the administrative
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- 3450 -
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