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(a) When Permitted. A complainant or grievant may appeal to the Office of Administrative Hearings (OAH) within 10 days after receiving a formal decision from the Inspector General under WSSC 9.30.090 or 9.30.100.

(b) Hearings.

(1) The OAH shall conduct a hearing on each appeal in accordance with the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The OAH is bound by any regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the WSSC is or would have been bound if WSSC were hearing the case or appeal.

(2) A record that is protected from disclosure under the State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, may be used as evidence in an OAH hearing only if:

(i) The material is essential to the conduct of the hearing; and

(ii) Names and other identifying information are deleted to the extent necessary to maintain confidentiality.

(3) The confidentiality of records and information protected from disclosure under the General Provisions Article, Title 4, Annotated Code of Maryland, shall be maintained in each hearing.

(c) Decision – Finality.

(1) Within 45 days after the close of the hearing record, the OAH shall issue to the parties a written decision and may grant any appropriate relief under subsection (d) of this section.

(2) The OAH decision is final.

(d) Relief Available. A complainant or grievant who prevails at a hearing pursuant to this section may be awarded any appropriate relief, including:

(1) Any remedial action allowed under WSSC 9.30.090(e) and 9.30.100(f); and

(2) Costs of litigation and reasonable attorney’s fees.

(e) Judicial Review. A complainant, grievant or WSSC may appeal the final decision issued under subsection (c) of this section in accordance with the State Government Article, § 10-222, Annotated Code of Maryland. (Document dated July 1, 2020)