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02.01.02.00.htm 02.01.02.00. Title 02 OFFICE OF THE ATTORNEY GENERAL Subtitle 01 CONSUMER PROTECTION DIVISION Chapter 02 Rules of Practice and Procedure―Cease and Desist Order Hearings Authority: State Government Article, §10-206(b) Commercial Law Article, §13-204(12) 13-205(a) and 13-403; Annotated Code of Maryland
02.01.02.01.htm 02.01.02.01. 01 Scope.. This chapter governs cease and desist order proceedings held under the authority of Commercial Law Article, §13-403, Annotated Code of Maryland.
02.01.02.02.htm 02.01.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Agency.. a) "Agency" means the Consumer Protection Division in its role as an administrative agency authorized to adjudicate contested cases under Commercial Law Article, §13-403, and State Government Article, §10-202(b) Annotated Code of Maryland.b) "Agency" includes the Chief of the Consumer Protection Division, and any person to whom the Chief of the Consumer Protecti
02.01.02.03.htm 02.01.02.03. 03 Petition for Hearing.. A. Filing a Petition.. 1) Any person may file a petition with the Agency.. 2) The petition shall:. a) Be accompanied by a statement of charges; and. b) Show cause why a hearing on the matters raised should be granted.. B. Review by the Agency. The Agency shall:. 1) Review each petition; and. 2) Determine whether to hold a hearing under Commercial Law Article, §13-403, Annotated Code of Maryland.C. Unless notice issued under Regulation .06 of th
02.01.02.04.htm 02.01.02.04. 04 Delegation of Authority.. A. To Whom Delegated. The Chief of the Consumer Protection Division shall:. 1) Conduct the hearing; or. 2) Delegate the hearing authority to:. a) The Office; or. b) With the prior approval of the Chief Administrative Law Judge, a person not employed by the Office.B. Scope of Authority Delegated. Unless the Agency notifies the parties of a different delegation, the authority delegated shall issue proposed findings of fact and proposed c
02.01.02.05.htm 02.01.02.05. 05 Responsibility of Party Proponent.. The party designated as the party proponent has the burden of proving the allegations by a preponderance of the evidence.
02.01.02.06.htm 02.01.02.06. 06 Notice.. A. Type of Notice.. 1) The Agency shall issue notice in compliance with State Government Article, §10-207 and 10-208, Annotated Code of Maryland.2) If a hearing date is required and has not been set, notice under State Government Article, §10-208(b)1) Annotated Code of Maryland, shall be given once the hearing date has been set by the Agency or the Office, whichever is conducting the hearing.B. The party proponent shall serve each party with all documents required b
02.01.02.07.htm 02.01.02.07. 07 Response.. A. A respondent shall file a written response to the statement of charges.. B. Time for Filing.. 1) Unless the Agency has issued a cease and desist order under Commercial Law Article, §13-403(d) or 14-12B-08(a) Annotated Code of Maryland, without first conducting a hearing, the respondent shall file the response:a) Within 20 days of service of the statement of charges; and. b) Within 20 days of service of an amended statement of charges if a respon
02.01.02.08.htm 02.01.02.08. 08 Filing of Pleadings and Papers.. After service on a respondent of notice issued pursuant to Regulation .06 of this chapter, a party shall file pleadings and papers with:A. The Agency, if the hearing is before the Chief; or. B. The Office, if the hearing authority is delegated to the Office..
02.01.02.09.htm 02.01.02.09. 09 Service of Pleadings and Papers After Notice.. A. A party shall serve pleadings and papers filed after notice issued pursuant to Regulation .06 of this chapter:1) Upon each party's attorney; or. 2) Upon the party if a party is not represented by counsel.. B. A party shall make service by:. 1) Delivery of a copy;. 2) Mailing it to:. a) The address most recently stated in a pleading or paper filed by the attorney or party; or. b) To the last known address, if no address is sta
02.01.02.10.htm 02.01.02.10. 10 Notice to Public.. A. The Division shall prepare and send to at least six newspapers of general circulation in Maryland notice of every cease and desist action filed.B. The Division shall include in the notice:. 1) A summary of the allegations;. 2) The date and time the case is scheduled for hearing, if a hearing has been scheduled; and. 3) A statement that hearings are open to the public..
02.01.02.11.htm 02.01.02.11. 11 Discovery.. A. In hearings before the Chief, the parties are entitled to the following discovery:. 1) 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 thing:a) Relevant to the subject matter of the case; and. b) Not privileged; and. 2) Unless provided by law or by agreement of the p
02.01.02.12.htm 02.01.02.12. 12 Hearing Subpoenas.. A. Issuance of Hearing Subpoenas. On the request of a party in hearings before the Chief, or at the direction of the Chief, the Agency may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of any tangible items in the possession or under the control of the witness.B. Requests for Hearing Subpoenas.. 1) A party requesting a subpoena shall make the request, in writing, to the Agency.. 2) Unless cause is shown,
02.01.02.13.htm 02.01.02.13. 13 Prehearing Conferences.. A. Hearings Before the Chief.. 1) In hearings before the Chief, any prehearing conferences shall be conducted as provided in §A(2)7) of this regulation.2) If appropriate, the Agency may hold a prehearing conference to resolve matters preliminary to the hearing.3) The Agency may require the parties to submit information before the prehearing conference.. 4) A prehearing conference may be convened to address the following matters:.
02.01.02.14.htm 02.01.02.14. 14 Conduct of Hearing.. A. Hearings Before the Chief.. 1) In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply.. 2) Each party is entitled, on a genuine issue in a contested case, to:. a) Call witnesses;. b) Offer evidence; and. c) Cross-examine any witness who testifies.. 3) Exclusion of Witnesses.. a) Upon request by a party, the Chief shall exclude witnesses other than parties from the hearing room, except when testifyinb) A party that is not an
02.01.02.15.htm 02.01.02.15. 15 Powers and Duties of the Individual Conducting Hearing.. A. Duties of the Chief. In hearings before the Chief, the Chief shall:. 1) Conduct a full, fair, and impartial hearing;. 2) Take action to avoid unnecessary delay in the disposition of the proceeding; and. 3) Maintain order.. B. Powers of the Chief. In hearings before the Chief, the Chief has the power to regulate the course of the hearing and the conduct of the parties and authorized representatives, including the power t
02.01.02.16.htm 02.01.02.16. 16 Evidence.. Evidence is admissible in accordance with State Government Article, §10-213, Annotated Code of Maryland, and other pertinent law.
02.01.02.17.htm 02.01.02.17. 17 Failure to Attend or Participate in a Hearing, Conference or Proceeding; Default.. A. Hearings Before the Chief.. 1) In hearings before the Chief, the provisions of §A(2)4) of this regulation apply.. 2) After receiving proper notice, if a party fails to file a response or fails to attend or participate in a prehearing conference, hearing, or other stage of a proceeding, the Chief may proceed in that party's absence or may issue a default order against the defaulting party.
02.01.02.18.htm 02.01.02.18. 18 Motions.. A. Hearings Before the Chief.. 1) In hearings before the Chief, the provisions of §A(2―7) of this regulation apply.. 2) A party may move for appropriate relief by submitting a motion either:. a) In writing; or. b) Orally at the hearing.. 3) Content of Motions. In the motion, a party shall:. a) Set forth the relief or order sought;. b) State with particularity the grounds; and. c) Attach as an exhibit to a written motion or, in an oral motion, refer to
02.01.02.19.htm 02.01.02.19. 19 Representation.. A. In hearings before the Chief:. 1) An individual may represent himself or herself; or. 2) A party may be represented by an attorney authorized to practice law in Maryland or, if authorized by law, appear through a representative who is not an attorney.B. COMAR 28.02.01.08 governs representation matters in hearings delegated to the Office..
02.01.02.20.htm 02.01.02.20. 20 Recording.. A. Proceedings shall be recorded by:. 1) A stenographer;. 2) A court reporting service; or. 3) Electronic recording.. B. Transcription.. 1) Judicial Review of a Final Order. If a recorded proceeding has not been transcribed by a court reporting service before the filing of a petition for judicial review of a final order, and the parties are not filing a statement in lieu of record pursuant to Maryland Rule 7-206(b) the first party seeking judicial review shall:
02.01.02.21.htm 02.01.02.21. 21 Exceptions and Responses.. A. Filing Exceptions. A party shall file any exceptions to the proposed findings, conclusions, or orders of the Office or other designated person:1) In writing;. 2) With the Agency; and. 3) Within 30 days of the date the proposed findings, conclusions, or orders are submitted to the Agency.B. Content of Exceptions. In its exceptions, a party shall:. 1) Identify the proposed finding, conclusion, or order to which exception is being taken;.
02.01.02.22.htm 02.01.02.22. 22 Proposed and Final Orders.. A. After proposed findings of fact and conclusions of law have been issued, any party may file a proposed order with the Agency.B. If the Agency finds that a respondent has violated the Consumer Protection Act, Commercial Law Article, Title 13, Annotated Code of Maryland, the Agency shall issue a final order under Commercial Law Article, §13-403, and State Government Article, §10-221, Annotated Code of Maryland.
02.01.02.23.htm 02.01.02.23. 23 Modifications of Final Decisions.. A. On motion of any party filed at any time, the Chief may modify a final decision to correct a mistake, irregularity or fraud in the same manner that the courts may exercise revisory power under Maryland Rule 2-535(b)B. On the initiative of the Chief, or on the motion of any party filed at any time, the Chief may modify a final decision to correct a clerical mistake in the same manner as the courts may exercise revisory power under Maryla
02.01.02.24.htm 02.01.02.24. 24 Notifications.. A. A party shall notify the Agency and all parties in writing of any change of address or telephone number within 30 days of the change.B. If no change is provided, the Agency and all parties may rely on the last known address or telephone number.
02.01.02.9999.htm 02.01.02.9999. Administrative History Effective date: July 23, 1975 (2:16 Md. R. 1137) ―. Regulations .01―16 repealed and new Regulations .01―24 adopted effective January 31, 2005 (32:2 Md. R. 145)Regulation .04C amended effective January 26, 2009 (36:2 Md. R. 99) ―. Annotation: COMAR 02.01.02.12 and 02.01.02.14 cited in Consumer Protection Division v. Consumer Publishing Co. 304 Md. 731 (1985)
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