13B.02.04.05

.05 Denial of Exemption.

A. Hearing.

(1) An institution denied an exemption under this chapter may request a hearing before the Commission.

(2) The hearing before the Commission shall be conducted in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 13B.04.01.

(3) If the institution requests a hearing, the Commission may refer the hearing to the Office of Administrative Hearings.

(4) After the hearing provided for in §A(3) of this regulation, the Commission may take the following action:

(a) Grant the exemption;

(b) Deny the exemption; or

(c) Remand the case to the Secretary for further action as directed by the Commission.

(5) If the institution does not file a timely request for a hearing, the Secretary's decision becomes the final action of the Commission.

B. Judicial Review.

(1) An institution that is denied an exemption by the Commission after a hearing under §A of this regulation has the right to judicial review provided by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) The decision of the Commission is considered correct and the institution has the burden of proving otherwise.

(3) The Commission shall be a party to the proceeding.