Section 10-217 – Proof
The standard of proof in a contested case shall be the preponderance of evidence unless the standard of clear and convincing evidence is imposed on the agency by regulation, statute, or constitution.
Section 10-602 – Forms Management Officer
(a) The head of each department and each independent unit shall designate, from among its staff, a forms management officer for the department or independent unit. (b) The forms management officer shall: (1) subject to the approval of the Division: (i) keep a current plan for the management of the forms that the unit uses; and (ii) administer the plan; […]
Section 10-218 – Contents of Record
The presiding officer hearing a contested case shall make a record that includes: (1) all motions and pleadings; (2) all documentary evidence that the agency or Office receives; (3) a statement of each fact of which the agency or Office has taken official notice; (4) any staff memorandum submitted to an individual who is involved in the decision making […]
Section 10-603 – Plan
(a) The plan shall: (1) ensure that the forms management officer approves the use of a form by the department or independent unit only if the form: (i) is needed for the effective or efficient operation of the department or independent unit; (ii) requests information that is needed for or relevant to a lawful purpose of the department or […]
Section 10-219 – Ex Parte Communications
(a) (1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with: (i) any party to the case or the party’s representative or attorney; or (ii) any person who presided at a previous stage […]
Section 10-220 – Proposed Decisions and Orders
(a) If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency’s delegation under § 10-205 of this subtitle. (b) The Office shall send its proposed findings, conclusions, or orders: (1) to the parties and the agency directly; or (2) if the agency’s […]
Section 10-221 – Final Decisions and Orders
(a) A final decision or order in a contested case that is adverse to a party shall be in writing or stated on the record. (b) (1) A final decision or order in a contested case, including a remand of a proposed decision, shall contain separate statements of: (i) the findings of fact; (ii) the conclusions of law; and (iii) the […]
Section 10-222 – Judicial Review
(a) (1) Except as provided in subsection (b) of this section, a party who is aggrieved by the final decision in a contested case is entitled to judicial review of the decision as provided in this section. (2) An agency, including an agency that has delegated a contested case to the Office, is entitled to judicial review of […]
Section 10-222.1 – Administrative Orders
(a) A party to a contested case may timely seek civil enforcement of an administrative order by filing a petition for civil enforcement in an appropriate circuit court. (b) Unless otherwise required by statute, a party shall file a petition for civil enforcement of an administrative order in the circuit court for the county where any party […]
Section 10-209 – Notice Mailed to Address of Licensee
(a) Where a licensing statute provides for service other than by regular mail, notice under this subtitle may be sent by regular mail to the address of record of a person holding a license issued by the agency if: (1) the person is required by law to advise the agency of the address; and (2) the agency has […]