11.03.01.05-3

.05-3 Commercial Vehicles and Courtesy Vehicles — Appeals.

A. Appeal to OAH.

(1) Not later than 10 calendar days from the Division's decision, an applicant whose application has been denied or a permit holder whose permit has been suspended or revoked may appeal the decision by sending a written request for a hearing by certified mail, return receipt requested, addressed to the Executive Director.

(2) Not later than 7 business days from the date of receipt of a timely request for a hearing, the Executive Director shall forward the request to OAH.

(3) OAH shall hold a hearing not later than 20 calendar days from the date OAH receives the hearing request.

(4) If the applicant or permit holder fails to appear at the hearing, OAH shall uphold the denial, suspension, or revocation.

(5) The hearing is conducted according to the procedures and regulations set forth in COMAR 28.02.01, except as modified by this regulation.

(6) Not later than 30 calendar days after the close of the hearing record, OAH shall issue a proposed decision that includes proposed findings of fact and conclusions of law and a proposed order.

(7) OAH shall send a copy of the proposed decision to the Executive Director and the parties.

B. Appeal to the Executive Director.

(1) Filing of Exceptions.

(a) Not later than 10 business days from the date of OAH's proposed decision, a party aggrieved by the proposed decision may appeal by filing written exceptions with the Executive Director.

(b) The exceptions shall specify the reasons why the proposed decision should be overturned.

(c) A party filing exceptions may request an oral argument and shall submit the request with the exceptions.

(d) A party filing exceptions shall mail a copy of its exceptions to the opposing party by first-class mail.

(e) If exceptions are not filed within the specified time period, the OAH proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.

(2) Response to Exceptions.

(a) Not later than 10 business days after the exceptions are filed, the opposing party may file a response with the Executive Director.

(b) A party filing a response may request an oral argument and shall submit the request with the response.

(c) A party filing a response shall mail a copy of its response to the party filing exceptions by first-class mail.

(3) Decision of the Executive Director.

(a) The Executive Director may rule on the exceptions with or without argument.

(b) If the Executive Director denies the exceptions, the proposed decision is the final agency decision, unless modified by the Executive Director, in which case the modified decision is the final agency decision.

(c) If the Executive Director grants the exceptions, the Executive Director shall modify the proposed decision accordingly and the modified decision is the final agency decision.

(d) The Executive Director shall issue the final decision in accordance with State Government Article, §§10-220 and 10-221, Annotated Code of Maryland.

C. A party aggrieved by a final agency decision may seek judicial review in accordance with State Government Article, §10-222, Annotated Code of Maryland.

D. Filing of a petition for judicial review under §C of this regulation does not operate as a stay of a suspension or revocation of a permit.