(a) Content. All recommendations and/or decisions of the hearing authority except rulings on preliminary matters or on motions or objections shall be in writing, based on evidence of record and shall contain findings of fact, conclusions of law and an appropriate decision and order; provided, however, any decision stipulated or consented to by the parties need only be reflected by an appropriate written order or consent decree.
(b) Evidence required. All recommendations and/or decisions of the hearing authority shall be based upon and supported by a preponderance of the evidence of record.
(c) Voting requirements. Any decision rendered in conformance with the provisions of this article must have the concurrence of a majority of the voting members of the decision-making authority unless a greater number of votes are required by law. Members of the hearing authority absent during a hearing may vote upon a matter upon written certification that they have read the transcripts and reviewed the evidence of record.
Failure to achieve the necessary affirmative votes shall act as a denial of the relief requested by the charging party by operation of law. No written opinion in this instance shall be required; provided, however, individual members of the hearing authority may file written reasons supporting their respective positions.
(d) Time requirements for decisions. All recommendations and/or decisions of the hearing authority shall be rendered within forty-five (45) days after the closing of the record in the case; provided, however, the hearing authority on its own motion may extend the time for recommendation and/or decision for an additional period upon written notification to all parties.
(e) Notification of recommendation and/or decision. All recommendations and/or decisions of the hearing authority shall be released and sent simultaneously to all parties of record and their counsel.
(f) Rehearing and reconsideration. Where otherwise permitted by law, any request for rehearing or reconsideration shall be filed within ten (10) days from a final decision. Thereafter a rehearing or reconsideration may be approved only in the case of fraud, mistake or irregularity. Any request for rehearing or reconsideration shall be in writing, containing supporting reasons therefor, with copies served on all parties of record. Any decision on a request for rehearing or reconsideration not granted within ten (10) days following receipt of the request therefor in accord with subsection (c) of this section shall be deemed denied. Any request for rehearing or reconsideration shall stay the time for any administrative appeal pursuant to judicial review until such time as the request is denied or in the event such request is granted such further time or a subsequent decision is rendered. A request for reconsideration or rehearing shall not stay the operation of any order unless the hearing authority so states.
(g) Informal disposition. Where appropriate to the nature of the proceedings and the governing laws, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order or default. (1978 L.M.C., ch. 30, § 1; 1984 L.M.C., ch. 24, § 1.)
Editor's note-In Montgomery County v. McDonald, 68 Md. App. 307, 511 A.2d 560 (1986), the court held that under § 2A-10(f), the failure of an administrative agency expressly to either grant or deny a party's request for a rehearing within 10 days after receipt of such request shall be deemed a denial of such request. If within such 10-day period, however, the agency grants the right to a rehearing, the failure to render a decision on the merits of the matter within such 10-day period shall not be deemed a denial of the relief requested. The above section is quoted in part in Sweeney v. Montgomery County, 107 Md.App. 187, 667 A.2d 992 (1995); cited in Meyers v. Montgomery County Police Dept., 96 Md.App. 668, 626 A.2d 1010 (1993); quoted and interpreted in Robinson v. Montgomery County, 66 Md.App. 234, 503 A.2d 275 (1986); interpreted in Montgomery County v. McDonald, 68 Md.App. 307, 511 A.2d 560 (1986); quoted in part in Sweeney v. Montgomery County, 107 Md.App. 187, 667 A.2d 922 (1995) and cited in Miller v. Maloney Concrete Company, 63 Md.App. 38, 491 A.2d 1218 (1985).
