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10.01.03.00.htm 10.01.03.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 01 PROCEDURES Chapter 03 Procedures for Hearings Before the Secretary of Health and Mental Hygiene Authority: Health-General Article, §2-104(b) State Government Article, §9-1607.2(b) and 10-206(b) Annotated Code of Maryland
10.01.03.01.htm 10.01.03.01. 01 Scope.. A. This chapter applies to hearings that the Secretary is required to conduct by statute or regulation except for those hearings for which specific procedural regulations have been promulgated. This chapter does not apply to conferences, investigations, or proceedings at which the general public has been assembled to provide comments and opinions regarding a permit or license proposed to be issued by the Department, or to hearings before the Department’s Boards and Commi
10.01.03.02.htm 10.01.03.02. 02 Definitions.. A. The following terms have the meanings indicated.. B. Terms Defined.. 1) Civil Penalty.. a) “Civil penalty” means a monetary penalty authorized by statute or regulation and imposed for a violation of a statute, regulation, permit, or license.b) “Civil penalty” does not include statutorily authorized reimbursement of State or federal expenditures.2) “Department” means the Maryland Department of Health and Mental Hygiene, or any of its constituent units.
10.01.03.03.htm 10.01.03.03. 03 Sanctions.. This chapter shall be construed to secure the just and speedy determination of each action. If a party fails to follow this chapter, the ALJ or the Secretary may enter such orders in regard to the failure as are just, including limiting the issues to be heard and dismissing the request for hearing or entering an order on the merits against the Department.
10.01.03.04.htm 10.01.03.04. 04 The Record.. The record in each case shall include:. A. The items listed in COMAR 28.02.01.22B; and. B. In the case of a proposed decision:. 1) Any exceptions filed by any party;. 2) The response to those exceptions;. 3) The final decision; and. 4) Any correspondence relating to the proposed decision, the exceptions process, and the final decision.
10.01.03.05.htm 10.01.03.05. 05 Notice of the Right to a Hearing.. The Department shall provide the notices of agency action and of the right to a hearing required by law. The notices shall contain the information required by State Government Article, §10-207 and 10-208, Annotated Code of Maryland.
10.01.03.06.htm 10.01.03.06. 06 Request for Hearing.. A. A person, either directly or through a representative, may request a hearing by mailing or delivering a written request via U.S. mail, facsimile, or electronic mail to the individual and unit of the Department specified in the noticeB. The request shall state that the person desires a hearing in order to review a matter that is the proper subject of a hearing as provided under Department regulations or other applicable law. In addition, the person reques
10.01.03.07.htm 10.01.03.07. 07 Delegation.. A. Contested cases that are authorized by statute to be conducted by the Secretary or the Department shall be conducted by:1) OAH in accordance with a letter of delegation from the Secretary; or. 2) Such other person as authorized by law.. B. In all cases delegated to OAH, the delegation is limited to the issues raised by the notice of agency action attached to the transmittal from the agency to OAH.
10.01.03.08.htm 10.01.03.08. 08 Service.. When the Department is required to make service, service may be made in any manner reasonably calculated to provide the required notice to the intended recipient. Service upon a party who has applied for a permit, license, or certificate or to whom a permit or license or certificate has been issued by the Department may be made by delivering a copy to the last known address in the Department’s records.
10.01.03.09.htm 10.01.03.09. 09 Certificates of Service.. Whenever a party is required by this chapter to serve a copy of a pleading or memorandum upon another party, a certificate shall be appended to the pleading or memorandum stating:A. To whom the copy was sent;. B. The address to which the copy was sent;. C. The name of the person who sent the copy; and. D. The date the copy was sent..
10.01.03.10.htm 10.01.03.10. 10 Continuances.. A. On motion or on the Secretary’s own initiative, an exceptions hearing may be continued by the Secretary as justice may require.B. Requests for postponement shall be confirmed in writing, and the written request shall:. 1) Set forth the reason for the request; and. 2) Unless the parties agree to schedule beyond the 45-day period, list at least three dates within the 45-day period following the day originally scheduled on which the party and counsel would be avai
10.01.03.11.htm 10.01.03.11. 11 Time Periods.. For good cause, either the Secretary or the ALJ may shorten, extend, or waive any time periods provided in this chapter.
10.01.03.12.htm 10.01.03.12. 12 Appointment of Interpreter.. A. If a party cannot readily hear, speak, or understand the spoken English language, the Secretary may appoint a qualified interpreter to provide assistance during an exceptions hearing.B. Costs of an interpreter may be charged to the party on whose behalf the interpreter is obtained..
10.01.03.13.htm 10.01.03.13. 13 Appearance of Parties at Hearings; Representation.. A. A party to a proceeding may be represented by an attorney, or, if allowed by law, appear in person or through another representative.B. Except as otherwise provided by law, a person other than an individual shall be represented by an attorney authorized to practice law in the State.C. Unless the appearance is subsequently withdrawn in writing, any notice, decision, or other matter required to be sent to a
10.01.03.14.htm 10.01.03.14. 14 Discovery.. A. Discovery on Request. By written request filed with OAH and served on other parties at least twenty days before the scheduled hearing, a party may require another party to produce, within 15 calendar days:1) A list of witnesses to be called;. 2) Copies of documents intended to be produced at the hearing; and. 3) The name and curriculum vitae of any expert who will testify at the hearing..
10.01.03.15.htm 10.01.03.15. 15 Open Hearings.. A. Unless otherwise provided by law, documents, notices, and records in the possession of the Secretary as a result of these contested case proceedings may be inspected by any person as provided in State Government Article, §10-611 et seq. Annotated Code of Maryland.B. Cameras and other photographic equipment may be permitted in the exceptions hearing room at the discretion of the Secretary.C. The Secretary may cause the removal of any pers
10.01.03.16.htm 10.01.03.16. 16 Burden of Going Forward and Persuasion.. A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift those burdens.B. Except as provided in §A of this regulation:. 1) A party requesting a hearing following notice of the Department’s intent to deny or refuse to renew a permit or license bears the burden of going forward to establish a prima facie case of entitlem
10.01.03.17.htm 10.01.03.17. 17 Final Decision.. A. The Secretary is not bound by the ALJ’s proposed decision even in those cases where no exceptions are filed.B. If no exceptions have been filed and, after reviewing an ALJ’s proposed decision, the Secretary concludes that the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite argument from the affected parties on the issues the Secretary is reconsidering.
10.01.03.18.htm 10.01.03.18. 18 Exceptions; Requests for Oral Argument.. A. Exceptions to an ALJ’s proposed decision shall be filed with the Secretary within 21 days after the ALJ’s proposed decision is received. Receipt is presumed to occur 3 days after mailing.B. Exceptions shall be in writing and contain a concise statement as to each portion of the ALJ’s determination to which exception is taken and the asserted basis for taking the exception.C. Any party may file a written response to except
10.01.03.19.htm 10.01.03.19. 19 Stays.. A. Except as prohibited by law, a party that is adversely affected by a final order may request a stay of the order from the Secretary pending judicial review.B. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from which the stay is sought.C. A request shall include a statement of the reasons a stay is sought.. D. A request shall include a statement of the grounds for the appeal to the Board of Review or the p
10.01.03.20.htm 10.01.03.20. 20 Judicial Review.. Unless otherwise agreed between the parties, a party may not file a petition for the judicial review of a decision of the Secretary unless the party has filed exceptions with the Secretary to the proposed decision and the Secretary has rendered a final decision. This provision does not apply when the Secretary has delegated final decision-making authority to OAH.
10.01.03.9999.htm 10.01.03.9999. Administrative History Effective date: July 31, 1973. Regulations .01―10 repealed and new Regulations .01―38 adopted effective February 6, 1989 (16:2 Md. R. 158) ―Regulations .01―38 repealed and new Regulations .01―20 adopted effective April 13, 2015 (42:7 Md. R. 567)
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