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09.01.02.00.htm 09.01.02.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 01 OFFICE OF THE SECRETARY Chapter 02 Hearing Regulations Authority: Business Regulation Article, §2-105, Annotated Code of Maryland
09.01.02.01.htm 09.01.02.01. 01 Scope.. A. This chapter governs procedures for all contested case hearings of an administrative unit within the Department, with the exception of hearings conducted under the following:1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and corresponding regulations;2) Business Regulation Article, §3-314, Annotated Code of Maryland, and corresponding regulations;. 3) Labor and Employment Article, Title 5, Subtitle 2 and Subtitle 5, Part I
09.01.02.02.htm 09.01.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "ALJ" means an Administrative Law Judge appointed under State Government Article, §9-1604, Annotated Code of Maryland.2) "Administrative Procedure Act" means State Government Article, §10-201―10-217, Annotated Code of Maryland.3) "Administrative unit" means a board, commission, hearing panel, committee, division, or a unit within the Department which is authorized by law or
09.01.02.03.htm 09.01.02.03. 03 Complaints.. A. A complaint to an administrative unit may be made by any person or administrative unit.. B. The complaint shall be in writing, and shall state the facts on which the complaint is based.. C. In response to a complaint, an administrative unit may take one or more of the following actions:. 1) Dismiss the complaint;. 2) Refer the complaint for investigation;. 3) Take appropriate informal action consistent with the facts and circumstances of the complaint;.
09.01.02.04.htm 09.01.02.04. 04 Applications.. A. An applicant who has been notified that a new or renewal license, certificate, registration, or permit, has been, or may be, denied may request a hearing before an administrative unit.B. The administrative unit shall hold a hearing to provide the applicant an opportunity to present evidence in support of the application.
09.01.02.05.htm 09.01.02.05. 05 Hearing Notice.. A. An administrative unit shall provide reasonable written notice of a hearing to the parties.. B. The hearing notice shall contain:. 1) The date, time, place, and nature of the hearing;. 2) A statement of the right to present witnesses, documents, and other forms of evidence, and the right to cross-examine witnesses of another party;3) A statement of the right to request subpoenas for witnesses and evidence, specifying the costs, if any, associated with th
09.01.02.06.htm 09.01.02.06. 06 Charging Document.. A. The charging document shall be attached to the notice of hearing or incorporated in it.. B. The charging document shall contain at least:. 1) The facts asserted, or if the facts cannot be stated in detail, the issues involved;. 2) The pertinent statutory and regulatory sections under which an administrative unit is taking action;3) The potential penalties; and. 4) A statement that if a hearing is not automatically scheduled, an applica
09.01.02.07.htm 09.01.02.07. 07 Service of Notices, Orders, and Other Documents.. A. Except as provided in §B of this regulation or by prior agreement of the parties, the administrative unit shall serve all notices, orders, and other documents in one of the following ways:1) By personal delivery;. 2) By mailing a copy of the document, first class, postage prepaid, to the person's last known business or home address; or3) If the person is represented by counsel, by delivering or mailing a copy
09.01.02.08.htm 09.01.02.08. 08 Representation.. A. A party to a proceeding may:. 1) Appear in person or, if appearance by a representative is permitted by law, through a representative; or2) Be represented by an attorney authorized to practice in Maryland.. B. Any notice, decision, or other matter required to be sent to a party may be sent instead to the party's attorney of record at the attorney's address, and the presumption of service in Regulation .07E of this chapter shall apply.C. If a party is represen
09.01.02.09.htm 09.01.02.09. 09 Failure to Appear.. A hearing may proceed as scheduled in the absence of a party if the party has:. A. Been served in accordance with Regulation .07 of this chapter; and. B. Failed to obtain a postponement of the hearing from the administrative unit under Regulation .10 of this chapter.
09.01.02.10.htm 09.01.02.10. 10 Postponement.. A. An administrative unit may postpone a hearing for good cause only if a written request for postponement is filed with the administrative unit not later than 10 days before the date of the hearing.B. If a request for postponement is received later than 10 days before the date of the hearing, the administrative unit shall deny the request unless it determines that there were extenuating circumstances which justified the delay.C. The failure of a respo
09.01.02.11.htm 09.01.02.11. 11 Discovery.. There is no prehearing discovery..
09.01.02.12.htm 09.01.02.12. 12 Subpoenas.. A. On request of a party to a proceeding, an administrative unit shall issue a subpoena requiring the attendance and testimony of a witness and, if requested, the production at the hearing of relevant documents and tangible items in the possession or under the control of the witness.B. A request for the issuance of a subpoena shall be made in writing to the administrative unit not later than 10 days before the scheduled hearing date.C. If a request for issua
09.01.02.13.htm 09.01.02.13. 13 Conduct of the Proceedings.. A. A quorum of the administrative unit shall be present for the hearing.. B. The presiding officer, in consultation with counsel, shall determine all procedural and evidentiary issues governed by this chapter and by the Administrative Procedure Act, and may impose reasonable time limitations.C. The Maryland Rules of Civil Procedure may be used as a guide in resolving procedural issues governing the conduct of the hearing that are not addre
09.01.02.14.htm 09.01.02.14. 14 Evidence.. The rules of evidence under this chapter shall be under State Government Article, §10-213, Annotated Code of Maryland.
09.01.02.15.htm 09.01.02.15. 15 Interpreters.. A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, and applies to the administrative unit in advance of the hearing for the appointment of a qualified interpreter to assist that party or witness, the administrative unit shall appoint a qualified interpreter to provide assistance during the hearing.B. With the approval of the administrative unit, a party who intends to offer the testimony of a wit
09.01.02.16.htm 09.01.02.16. 16 Burden of Proof.. A. In the hearing of a contested case involving allegations that the respondent violated a law or regulation, the presenter of evidence for the administrative unit shall bear the burden of proving, by a preponderance of the evidence, that the respondent committed the violations set forth in the charging document.B. In the hearing of a contested case resulting from the denial, or proposed denial, of a license, certificate, registration, or permit, the applicant
09.01.02.17.htm 09.01.02.17. 17 Public Hearings.. Unless otherwise provided by statute, all hearings conducted under this chapter are open to the public.
09.01.02.18.htm 09.01.02.18. 18 Recording.. A. The administrative unit shall cause the proceedings to be recorded.. B. The record need not be transcribed unless requested by a party or the administrative unit.. C. The cost of a typewritten transcript of any proceeding or part of a proceeding shall be paid by the party requesting the transcript.D. Except as provided in §A of this regulation, cameras, tape recorders, and other electronic and photographic equipment of any type are not permitted
09.01.02.19.htm 09.01.02.19. 19 Recusal.. A member of an administrative unit shall be recused from the review of a complaint and from participating in a hearing if the individual:A. Has personal knowledge of the facts which gave rise to the complaint;. B. Has a personal or business relationship with any of the parties or witnesses; or. C. For any other reason may be unable to act impartially in the matter..
09.01.02.20.htm 09.01.02.20. 20 Decisions.. A. After consideration of the testimony and other evidence, the administrative unit shall issue a written final order setting forth an appropriate disposition agreed to by a majority of the members of the unit who participated in the hearing.B. A member who was not present at all parts of the hearing may not vote on the disposition.. C. The final order shall be issued within 90 days after the record of the proceeding is closed unless the administrative unit
09.01.02.21.htm 09.01.02.21. 21 Judicial Review.. A party aggrieved by the final decision in a contested case is entitled to judicial review of the decision under State Government Article, §10-222, Annotated Code of Maryland.
09.01.02.9999.htm 09.01.02.9999. Administrative History Effective date: March 29, 1982 (9:6 Md. R. 613). Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 701). Regulation .02 amended effective February 23, 1987 (14:4 Md. R. 415) ―. Regulations .01―04 repealed and new Regulations .01―21 adopted effective December 12, 2002 (29:24 Md. R. 1918)
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