Md. Code Regs. 10.44.07.17

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.44.07.17 - Exceptions

A. If a matter has been delegated by the Board to the Office of Administrative Hearings, each party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision.

B. Unless otherwise permitted by the Board, or as otherwise specified by the administrative law judge in the recommended decision, either party shall file written exceptions with the Board within 15 days after the issuance of the recommended decision.

C. Unless otherwise permitted by the Board, a party's written exceptions may not be longer than 25 double-spaced pages and shall state with particularity:

(1) The finding of fact, conclusion of law, or other matter excepted to; and

(2) The relevant portions of the record supporting the party's exception.

D. Unless otherwise permitted by the Board, within 15 days after a party's exceptions are filed with the Board, the opposing party may file a response to the exceptions.

E. Unless otherwise permitted by the Board, a party's response to the exceptions may not be longer than 25 double-spaced pages, and shall state with particularity a response to an exception and the relevant portions of the record supporting that response.

F. Unless otherwise permitted, the Board may not consider a party's reply to a response to exceptions.

G. Unless otherwise agreed to by the parties and permitted by the Board, an exceptions hearing shall be scheduled within 30 days after receipt of the parties' exceptions and any response to exceptions, and on a day on which the Board regularly meets.

Md. Code Regs. 10.44.07.17

Regulations .17 adopted effective March 1, 2004 (31:4 Md. R. 317)