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08.01.04.00.htm 08.01.04.00. Title 08 DEPARTMENT OF NATURAL RESOURCES Subtitle 01 OFFICE OF THE SECRETARY Chapter 04 Procedures for Contested Case Hearings Authority: Natural Resources Article, §1-104; State Government Article, §10-206; Annotated Code of Maryland
08.01.04.01.htm 08.01.04.01. 01 Scope.. A. This chapter applies to contested case hearings that the Secretary is required to initiate by:. 1) Statute;. 2) Constitution; or. 3) A regulation that expressly or by clear implication requires a hearing to be held in accordance with the Administrative Procedure Act and this chapter.B. This chapter does not apply to conferences, investigations, or to proceedings at which the general public has been assembled to provide comments and opinions on a permit or
08.01.04.02.htm 08.01.04.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.2) "Administrative Law Judge" means an Administrative Law Judge of the Office of Administrative Hearings.3) "Contested Case" has the meaning stated in State Government Article, §10-202(d) Annotated Code of Maryland.4) "Department" means the Department of Natural Resources..
08.01.04.03.htm 08.01.04.03. 03 Delegation.. A. The Secretary may:. 1) Conduct a contested case hearing in accordance with the Administrative Procedure Act and any other applicable law;2) Delegate the authority to conduct a contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, § 10-205, Annotated Code of Maryland; or3) With the prior written approval of the Chief Administrative Law Judge of the Office of Administrative Hearings, delegate t
08.01.04.04.htm 08.01.04.04. 04 Notice of Agency Action.. A. The Secretary shall give reasonable notice of the agency's action in accordance with State Government Article, § 10-207, Annotated Code of Maryland when the Department is required by law to:1) Provide a contested case hearing; or. 2) Provide the opportunity to request a contested case hearing.. B. Unless a relevant statute or regulation provides otherwise, a notice of agency action shall be provided to the parties or the parties' representati
08.01.04.05.htm 08.01.04.05. 05 Revocation of Delegation.. A. For a reason specified in §B of this regulation, the Secretary may revoke, in whole or in part, the authority delegated to the Office of Administrative Hearings to conduct a contested case hearing at any time before the earlier of:1) The issuance of a ruling on a substantive issue; or. 2) The taking of oral testimony from the first witness.. B. The Secretary may revoke the delegation of authority if, in the opinion of the Secretary, a conte
08.01.04.06.htm 08.01.04.06. 06 Proposed Decision.. A. The Office of Administrative Hearings shall issue a proposed decision in accordance with the Secretary's delegation.B. Unless otherwise provided by law or the Department's delegation, the Office of Administrative Hearings shall submit the proposed decision to the Secretary and each party.C. The proposed decision shall:. 1) Be in writing;. 2) Contain findings of fact and conclusions of law; and.
08.01.04.07.htm 08.01.04.07. 07 Exceptions ― Requests for Oral Argument.. A. Filing Exceptions; Oral Argument Request.. 1) Within 15 calendar days after the Office of Administrative Hearings submits a proposed decision to the parties, a party may file written exceptions to the Secretary. The party filing the exceptions shall mail or deliver a copy of the exceptions to all parties.2) A party filing exceptions may request the opportunity to present oral argument to the Secretary that the proposed decision
08.01.04.08.htm 08.01.04.08. 08 Final Decision.. A. A final decision in a contested case shall contain:. 1) Findings of fact;. 2) Conclusions of law;. 3) An order; and. 4) A statement of the right to seek judicial review.. B. If the Office of Administrative Hearings has issued a proposed decision or order and no exceptions are filed within 15 calendar days after a proposed decision or order is submitted to the parties, the Secretary may proceed to make the final decision.
08.01.04.09.htm 08.01.04.09. 09 Reconsideration and Revision.. On the initiative of the Secretary or on motion of any party filed at any time the Secretary may revise a final decision if the decision was based on fraud, mistake, or inadvertence.
08.01.04.10.htm 08.01.04.10. 10 Petition for Judicial Review.. A party that is adversely affected by a final decision or order may file a petition for judicial review as provided by State Government Article, §10-222, Annotated Code of Maryland.
08.01.04.9999.htm 08.01.04.9999. Administrative History Effective date: November 14, 1988 (15:23 Md. R. 2658) ―. Regulations .01―26 repealed and new Regulations .01―10 adopted effective April 5, 2010 (37:7 Md. R. 569)
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