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09.01.03.00.htm 09.01.03.00. Title 09 MARYLAND DEPARTMENT OF LABOR Subtitle 01 OFFICE OF THE SECRETARY Chapter 03 Hearings Delegated to the Office of Administrative Hearings Authority: Business Regulation Article, §2-105, Annotated Code of Maryland
09.01.03.01.htm 09.01.03.01. 01 Scope.. A. Except as provided in §B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, §10-205, Annotated Code of Maryland.B. This chapter does not apply to cases arising under:. 1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and corresponding regulations;
09.01.03.02.htm 09.01.03.02. 02 Definitions.. The definitions in COMAR 09.01.02.02 apply to this chapter..
09.01.03.03.htm 09.01.03.03. 03 Applicability.. An administrative unit, after consultation with the Office of the Attorney General, may refer contested cases to the Office of Administrative Hearings. The administrative unit shall advise the Office of Administrative Hearings of the scope of authority delegated under State Government Article, §10-205, Annotated Code of Maryland.
09.01.03.04.htm 09.01.03.04. 04 Discovery.. There is no prehearing discovery..
09.01.03.05.htm 09.01.03.05. 05 Proceedings.. A. Except as provided in this regulation, the ALJ shall conduct an evidentiary hearing under the Administrative Procedure Act and COMAR 28.02.01.B. A motion to dismiss or any other dispositive motion may not be granted by the ALJ without the concurrence of all parties.C. The presenter of evidence, the respondent, and the claimant may cross-examine any witness called by any party during a combined regulatory and guaranty fund hearing.
09.01.03.06.htm 09.01.03.06. 06 Revocation of the Delegation of Authority.. A. For a reason specified in §B of this regulation, an administrative unit or the Department may revoke, in whole or in part, the delegation of authority to the Office of Administrative Hearings to hear a contested case at any time before the earlier of:1) The issuance of a ruling on a substantive issue; or. 2) The taking of oral testimony from the first witness.. B. The administrative unit or the Department may r
09.01.03.07.htm 09.01.03.07. 07 Withdrawal of a Case.. A. At any stage of the proceedings, upon the agreement of the parties, the case may be withdrawn from the Office of Administrative Hearings docket for settlement purposes.B. Withdrawal of the case from the Office of Administrative Hearings docket may not be deemed a dismissal of the regulatory charges or the guaranty fund claim, and may not preclude a subsequent referral to the Office of Administrative Hearings, if settlement is not accomplished.
09.01.03.08.htm 09.01.03.08. 08 Proposed Decisions and Orders.. A. Upon completion of the hearing, the ALJ shall submit a proposed decision to the administrative unit.B. The Office of Administrative Hearings may not distribute the proposed decision to the parties or to the public unless the delegation of authority specifically provides for that distribution.C. The proposed decision shall comply with the requirements of the Administrative Procedure Act and COMAR 28.02.01.22, and sh1) Written findings of fact;.
09.01.03.09.htm 09.01.03.09. 09 Exceptions to the Proposed Order.. A. Filing Exceptions.. 1) A party adversely affected by a proposed order shall have 20 days from the postmark date of the proposed order to file exceptions with the administrative unit.2) The date of filing exceptions with the administrative unit shall be the date of personal delivery to the unit or the postmark date on mailed exceptions.B. The exceptions may include a request that the proposed order be modified or reversed, or that the
09.01.03.10.htm 09.01.03.10. 10 Final Order.. A. The administrative unit shall issue its final order within 90 days after the date of the hearing on exceptions.B. The administrative unit may affirm, reverse, or modify the proposed order, or may remand the matter with specific instructions to the Office of Administrative Hearings.C. The administrative unit shall send a copy of the final order to the parties, or if represented by counsel to their attorneys, by first-class mail within 3 business days fro
09.01.03.9999.htm 09.01.03.9999. Administrative History Effective date: March 29, 1982 (9:6 Md. R. 614). Regulation .01 amended effective April 8, 1985 (12:7 Md. R. 701) ―. Regulations .01―10, Hearing Officer Regulations, repealed and new Regulations .01―10, Hearings Delegated to the Office of Administrative Hearings, adopted effective December 12, 2002 (29:24 Md. R. 1918)
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