13A.12.05.04

.04 Hearing Procedures.

A. If the certificate holder requests a hearing in writing within the 10-day period, the State Superintendent of Schools shall promptly refer the case to the Office of Administrative Hearings.

B. If the written charges were filed against the certificate holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic school shall present the case before the Office of Administrative Hearings.

C. Hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.

D. The administrative law judge shall determine if the charges against the certificate holder are supported by a preponderance of the evidence.

E. The administrative law judge shall submit in writing to the State Superintendent of Schools proposed findings of fact, proposed conclusions of law, and recommendations. The written proposed decisions shall be distributed to the parties.

F. A party objecting to the administrative law judge's proposed decision may file exceptions with the State Superintendent of Schools within 10 calendar days of receipt of the findings. A party may respond to the exceptions within 10 calendar days of receipt of the exceptions.

G. If exceptions are filed, all parties shall have an opportunity for oral argument before the State Superintendent of Schools before a final decision is rendered. Oral argument before the State Superintendent of Schools shall be limited to 15 minutes per side.