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28.02.01.00.htm 28.02.01.00. Title 28 OFFICE OF ADMINISTRATIVE HEARINGS Subtitle 02 RULES OF PROCEDURE Chapter 01 Rules of Procedure Authority: State Government Article, §9-1604, 9-1607, 10-205, 10-206, 10-210, 10-211, 10-212.1, 10-216, 10-217, and 10-220, Annotated Code of Maryland
28.02.01.01.htm 28.02.01.01. 01 Scope.. A. Applicability. This chapter applies to all proceedings before the Office of Administrative Hearings.B. This chapter shall be construed to ensure the fair and expeditious determination of every action.. C. Subject to §D of this regulation, this chapter supplements the procedures required by law.. D. Unless federal or State law requires that a federal or State procedure shall be observed, this chapter takes precedence in the event of conflict.
28.02.01.02.htm 28.02.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Affidavit” means a written statement, signed under penalties of perjury, affirming that the statements it contains are true:a) Based upon the affiant’s personal knowledge; or. b) To the best of the affiant’s knowledge, information, and belief.. 2) “Agency” means a unit of government the action of which gives rise to:. a) A contested case hearing under State Government
28.02.01.03.htm 28.02.01.03. 03 Transmittal of Request for Hearing.. A. Initiation. A hearing may be initiated:. 1) On transmittal forms provided by the Office and accompanied by copies of all pertinent documents;. 2) On forms provided by the agency; or. 3) In any other manner permitted by law.. B. A hearing request shall include and be accompanied by the following:. 1) The name of the person requesting the hearing;. 2) The mailing address of the person requesting the hearing;. 3) The notice of agency a
28.02.01.04.htm 28.02.01.04. 04 Commencement of Case; Computation of Time; Filing.. A. Unless otherwise provided for by law, the Office acquires jurisdiction over a matter and a case commences when a person files a transmittal or an initial pleading with the Office:1) Pursuant to a delegation of authority under State Government Article, §10-205, Annotated Code of Maryland; or2) As otherwise directed by an agency.. B. Timeliness. An initial pleading is timely when it is filed:.
28.02.01.05.htm 28.02.01.05. 05 Notice.. A. Reasonable written notice of a hearing shall be provided to the parties.. B. A hearing notice provided by the Office shall contain:. 1) The date, time, place, and nature of the hearing;. 2) A statement of the right to present witnesses and documents, or other evidence, and the right to cross-examine any witness that another party calls under State Government Article, §10-213(f) Annotated Code of Maryland, if applicable;3) A statement of the rig
28.02.01.06.htm 28.02.01.06. 06 Expedited Hearings.. A. A motion for an expedited hearing may be filed by any party. The motion shall set forth the reasons for expediting the hearing.B. Any response to the motion shall be filed within 10 days of the date the motion is filed.. C. Motions.. 1) A motion for expedited hearing shall be granted only if the moving party establishes good cause.. 2) The Office shall notify all parties of the decision on a motion for expedited hearing and, if granted, shall schedule the
28.02.01.07.htm 28.02.01.07. 07 Venue.. Hearings shall be conducted at the site designated by the Office in accordance with applicable law..
28.02.01.08.htm 28.02.01.08. 08 Representation of Parties at Hearings.. A. In all Office proceedings:. 1) An individual may represent himself or herself; and. 2) A person may be represented by an attorney authorized to practice law in Maryland.. B. When authorized pursuant to State Government Article, §9-1607.1, Annotated Code of Maryland, or otherwise by law, a person may appear through or be represented by an individual who is not an attorney.C. Power of Attorney.. 1) An employee of a busin
28.02.01.09.htm 28.02.01.09. 09 Appointment of Interpreter; Request for Accommodations.. A. Upon request of a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language, the Office shall provide a qualified interpreter during the Office proceeding in which the party, witness, or representative is participating.B. An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings.C. If a party, witness, o
28.02.01.10.htm 28.02.01.10. 10 Service.. A. A copy of any pleading, motion, response, correspondence, or other paper filed in any proceeding shall be served promptly on all other parties to the proceeding by the party making the filing.B. Unless otherwise required by law, service on other parties may be made:. 1) By United States mail;. 2) By personal or courier delivery; or. 3) As otherwise agreed to by the parties.. C. Proof of Service.. 1) All other materials filed with the Office, and
28.02.01.11.htm 28.02.01.11. 11 Powers and Duties of ALJs.. A. An ALJ shall:. 1) Conduct a full, fair, and impartial hearing;. 2) Take action to avoid unnecessary delay in the disposition of the proceedings; and. 3) Maintain order.. B. An ALJ has the power to regulate the course of the hearing and the conduct of the parties and authorized representatives, including the power to:1) Administer oaths and affirmations;. 2) Issue subpoenas for witnesses and the production of evidence;.
28.02.01.12.htm 28.02.01.12. 12 Motions.. A. Unless otherwise provided by this chapter, this regulation pertains to all motions filed with the Office.B. In General.. 1) An application to the Office for an order shall be by motion that, unless made during a hearing, shall be made in writing, and shall set forth the relief or order sought.2) A written motion and response to a motion shall state their respective grounds and a party shall attach any relevant documents as exhibits.
28.02.01.13.htm 28.02.01.13. 13 Discovery.. A. By written request filed not later than 30 days before the scheduled hearing, a party may require any other party to produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible item, including electronically stored information, that is:1) Relevant to the subject matter of the case; and. 2) Not privileged.. B. Unless provided by law or by agreement of the parties, no other discovery procedure may be requir
28.02.01.14.htm 28.02.01.14. 14 Subpoenas.. A. Issuance of Subpoenas. On request of a party, or at the direction of an ALJ, the Office may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of one or more tangible items in the possession or under the control of a witness.B. Requests.. 1) A request for a subpoena shall be made in writing, filed with the Office, and served on all other parties.
28.02.01.15.htm 28.02.01.15. 15 Intervention.. A. Upon motion filed not later than 15 days before the earlier of the prehearing conference or the hearing date, a person may be permitted to intervene in an action when the person:1) Has an unconditional right to intervene as a matter of law; or. 2) Claims an interest relating to the subject matter of the hearing that is:. a) Adversely affected; and. b) Not adequately represented by existing parties.. B. The motion shall state the grounds for the moti
28.02.01.16.htm 28.02.01.16. 16 Postponements.. A. Except as provided in §D of this regulation, a request for postponement shall be made in writing and filed with the Office not fewer than 5 days before the scheduled hearing.B. Documentation of the reasons for the postponement shall be required from the party making the request.C. A request for postponement shall be granted only if the party requesting the postponement establishes good cause for the postponement.D. Emergency Request for Postponement..
28.02.01.17.htm 28.02.01.17. 17 Prehearing Conferences.. A. When appropriate, the ALJ may hold a prehearing conference to resolve matters preliminary to the hearing.B. The ALJ may require the parties to submit information before the prehearing conference.. C. A prehearing conference may be convened to address the following matters:. 1) Issuance of subpoenas;. 2) Factual and legal issues;. 3) Stipulations;. 4) Requests for official notice;. 5) Identification and exchange of documentary evidence;.
28.02.01.18.htm 28.02.01.18. 18 Alternative Dispute Resolution.. A. For purposes of this regulation, “alternative dispute resolution” means the process of resolving issues through a settlement conference, neutral case evaluation, neutral fact finding, mediation, other non-adjudicative method, or combination of those methods.B. If all parties agree, and unless otherwise prohibited by law, an alternative dispute resolution proceeding may be scheduled by the Office.C. An individual who pres
28.02.01.19.htm 28.02.01.19. 19 Proceedings Open to the Public; Recording Devices.. A. Unless prohibited by law, all proceedings before the Office are open to the public.. B. Unless otherwise provided by law, documents, notices, and records in the possession of the Office as a result of a contested case proceeding may be inspected and copied as provided in General Provisions Article, §4-101 et seq. Annotated Code of Maryland, and in COMAR 28.01.04.C. The ALJ may:.
28.02.01.20.htm 28.02.01.20. 20 Conduct of Hearings; Waivers.. A. In General.. 1) On a genuine issue in a contested case, each party is entitled to call witnesses, offer evidence, cross-examine any witness who testifies, and make opening and closing statements.2) A hearing shall be called to order by the ALJ. The ALJ shall explain briefly the purpose of the hearing and state the order of presentation of the evidence. The ALJ may allow the parties to present preliminary matters.
28.02.01.21.htm 28.02.01.21. 21 Evidence; Burden of Proof.. A. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland, and other pertinent law.B. The ALJ may admit evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and give probative effect to that evidence.C. Evidence may not be excluded solely on the basis that it is hearsay.. D. Expert Testimony. Expert testimony may be admitted, in the form of an op
28.02.01.22.htm 28.02.01.22. 22 The Record.. A. The Office shall prepare an official case record of each hearing.. B. The record shall include:. 1) All pleadings, motions, responses, correspondence, memoranda, including proposed findings of fact and conclusions of law, and requests filed by the parties;2) All hearing notices;. 3) All documentary and other tangible evidence received or considered;. 4) A statement of each fact officially noticed;. 5) All stipulations;. 6) All offers of proof and objections;.
28.02.01.23.htm 28.02.01.23. 23 Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default.. A. If, after receiving proper notice, a party fails to attend or participate, either personally or through a representative, in a prehearing conference, hearing, or other stage of a proceeding, the ALJ may proceed in that party’s absence or may, in accordance with the hearing authority delegated by the agency, issue a final or proposed default order against the defaulting party.
28.02.01.24.htm 28.02.01.24. 24 Dismissal for Lack of Prosecution.. A. Unless otherwise required by law, a case pending before the Office may not be placed on inactive status.B. At the expiration of 6 months from the last docket entry, and on the request of a party or on an ALJ’s own initiative, a case is subject to dismissal for lack of prosecution.C. If dismissal is initiated, the Office shall send notice to all parties that a final or proposed dismissal for lack of prosecution will be entered a
28.02.01.25.htm 28.02.01.25. 25 Final or Proposed Decisions; Other Dispositions.. A. An ALJ shall issue a final decision or proposed decision in accordance with the pertinent law and any relevant delegation.B. Unless otherwise provided by law, an ALJ may dispose of a contested case by:. 1) Decision on the merits;. 2) Stipulation;. 3) Settlement;. 4) Consent order;. 5) Default;. 6) Withdrawal;. 7) Summary disposition; or. 8) Dismissal.. C. Proposed Decisions. Except as otherwise provided by law or agency delega
28.02.01.26.htm 28.02.01.26. 26 Cases Remanded to the Office.. A. A case remanded to the Office by a court or agency for further proceedings is considered filed with the Office when both the court’s or agency’s order and the record are received by the Office.B. Unless the remand order specifies otherwise, the Office shall promptly schedule further proceedings as necessary and issue a decision in accordance with State Government Article, §10-205(e) Annotated Code of Maryland.
28.02.01.27.htm 28.02.01.27. 27 Revision.. A. Final Decisions.. 1) A final decision may be revised only by the ALJ who rendered the decision.. 2) Except as set forth in §A(3) of this regulation:. a) On a motion filed by a party, the ALJ may exercise revisory power and control over a final decision in the event of fraud, mistake, or irregularity; andb) Clerical mistakes in final decisions, orders, or other parts of the record may be corrected by the ALJ on the ALJ’s own initiative, or on a motion
28.02.01.9999.htm 28.02.01.9999. Administrative History Effective date: March 2, 1992 (19:4 Md. R. 475). Regulation .01A amended effective March 14, 1994 (21:5 Md. R. 405) May 6, 1996 (23:9 Md. R. 672) June 16, 1997 (24:12 Md. R. 866)Regulation .02B amended effective March 14, 1994 (21:5 Md. R. 405). Regulation .04 amended effective March 14, 1994 (21:5 Md. R. 405). Regulation .05B amended effective March 14, 1994 (21:5 Md. R. 405). Regulation .08B amended effective March 14, 1994 (21:5 Md. R. 405).
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