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01.02.03.00.htm 01.02.03.00. Title 01 EXECUTIVE DEPARTMENT Subtitle 02 SECRETARY OF STATE Chapter 03 Charitable Organizations: Procedural Regulations Authority: Business Regulation Article, §6-204; State Government Article, §10-123 and 10-204; Annotated Code of Maryland
01.02.03.01.htm 01.02.03.01. 01 Scope.. These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.
01.02.03.02.htm 01.02.03.02. 02 Definitions.. A. "Act" means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland.B. "Day" means calendar day.. C. "Party" means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing.D. "Petitioner" means any person requesting a regulation change or a declaratory ruling.. E. "Respondent" means any person requesting a hearing from the Secretary of State pursuant to Busin
01.02.03.03.htm 01.02.03.03. 03 Petition for Adoption of Regulations.. A. Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation.B. Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change.C. Submission, Consideration, and Disposition. The
01.02.03.04.htm 01.02.03.04. 04 Petition for Declaratory Ruling.. A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whethe
01.02.03.05.htm 01.02.03.05. 05 Right to a Hearing.. A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.B. Notice.. 1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the
01.02.03.06.htm 01.02.03.06. 06 Requests for Hearings.. Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request.
01.02.03.07.htm 01.02.03.07. 07 Date of Hearing ― Timing.. A. Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.B. For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received.
01.02.03.08.htm 01.02.03.08. 08 Right to Counsel.. Any party may appear in person or may be represented by counsel..
01.02.03.09.htm 01.02.03.09. 09 Consolidation of Requests for Hearings.. The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed.
01.02.03.10.htm 01.02.03.10. 10 Prehearing Procedure.. A. Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner.B. Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the party shall file five
01.02.03.11.htm 01.02.03.11. 11 Hearing Procedure.. A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete char
01.02.03.12.htm 01.02.03.12. 12 Withdrawn or Abandoned Requests for Hearings.. A. Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time.B. Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing.C. Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request for a hearing if:
01.02.03.13.htm 01.02.03.13. 13 Records.. A. Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost.B. Availability. The record shall be available to
01.02.03.14.htm 01.02.03.14. 14 Decisions.. A. Content and Distribution.. 1) Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law.2) The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact.3) The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 days of the hearing.B. Right to Judicial Revi
01.02.03.9999.htm 01.02.03.9999. Administrative History Effective date: February 10, 1978 (5:3 Md. R. 134). Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757). Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757). Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332) August 8, 2022 (49:16 Md. R. 757)Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757). Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332) Novemb
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