02.01.02.21

.21 Exceptions and Responses.

A. Filing Exceptions. A party shall file any exceptions to the proposed findings, conclusions, or orders of the Office or other designated person:

(1) In writing;

(2) With the Agency; and

(3) Within 30 days of the date the proposed findings, conclusions, or orders are submitted to the Agency.

B. Content of Exceptions. In its exceptions, a party shall:

(1) Identify the proposed finding, conclusion, or order to which exception is being taken;

(2) Specify the basis of the exception;

(3) Set forth the facts and law that support the exception; and

(4) State arguments in their entirety and not by reference to prior filings.

C. Length of Exceptions. Unless a request is filed with and granted by the Agency, a party may not file exceptions that exceed 50 pages.

D. Response to Exceptions.

(1) Filing. A party shall file a response to exceptions:

(a) In writing;

(b) With the Agency; and

(c) Within 30 days of filing of the exceptions.

(2) Length. Unless a request is filed with and granted by the Agency, a party may not file a response to exceptions that exceeds 50 pages.

E. Form of Exceptions and Responses. A party shall file exceptions and responses that conform to Maryland Rule 8-112.

F. Oral Argument on Exceptions. Upon the request of a party, the Chief shall hear oral argument on exceptions.

G. Additional Evidence.

(1) The Chief may take additional evidence that was not introduced at the time of the hearing, or order that the individual who conducted the hearing take the additional evidence, if a party:

(a) Applies for leave to offer the additional evidence at the time exceptions are filed; and

(b) Establishes that:

(i) The evidence is material; and

(ii) There was good cause for failure to offer the evidence in the hearing.

(2) The Chief, on the Chief's own initiative, may take additional evidence at any time before a final decision is rendered.