Section 10-223 – Appeals to Court of Special Appeals
(a) This section does not apply to: (1) a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Court of Special Appeals is specifically provided; or (2) a final judgment on actions of the Inmate Grievance Office. (b) (1) A party who is aggrieved by a final judgment of a circuit court […]
Section 10-224 – Litigation Expenses for Small Businesses and Nonprofit Organizations
(a) (1) In this section the following words have the meanings indicated. (2) “Business” means a trade, professional activity, or other business that is conducted for profit. (3) “Nonprofit organization” means an organization that is exempt or eligible for exemption from taxation under § 501(c)(3) of the Internal Revenue Code. (b) This section applies only to: (1) an agency operating statewide; […]
Section 10-225 – Suspension of Provisions
(a) Upon a finding by the Governor that there is an imminent threat within a time certain of a loss or denial of federal funds to the State because of the operation of any section of this subtitle or of Title 9, Subtitle 16 of this article, the Governor by executive order may suspend the applicability […]
Section 10-226 – Licenses — Special Provisions
(a) (1) In this section the following words have the meanings indicated. (2) “License” means all or any part of permission that: (i) is required by law to be obtained from a unit; (ii) is not required only for revenue purposes; and (iii) is in any form, including: 1. an approval; 2. a certificate; 3. a charter; 4. a permit; or 5. a registration. (3) “Unit” means […]
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 10-218 – 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 10-219 – 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 […]