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10.01.05.00.htm 10.01.05.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 01 PROCEDURES Chapter 05 Board of Review Procedures Authority: Health-General Article, §2-104(b)1) and 2-207, Annotated Code of Maryland
10.01.05.01.htm 10.01.05.01. 01 Scope.. This chapter shall govern all appeals taken by an aggrieved party to the Board of Review of the Department of Health and Mental Hygiene.
10.01.05.02.htm 10.01.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the Board of Review of the Department of Health and Mental Hygiene.. 2) "Liaison" means the employee of the Department of Health and Mental Hygiene who is assigned as staff person to the Board.
10.01.05.03.htm 10.01.05.03. 03 Representation by Counsel.. Unless otherwise expressly provided and if permitted by law, a party's attorney may perform any act required or permitted to be performed by that party. When notice is to be given by or to a party, the notice may be given by or to the attorney for that party.
10.01.05.04.htm 10.01.05.04. 04 Notice of Appeal―Time for Filing.. The appellant shall file the notice of appeal with the liaison within 30 days from the date of the order of the Secretary of Health and Mental Hygiene or the Office of Administrative Hearings from which the appeal is taken.
10.01.05.05.htm 10.01.05.05. 05 Procedure after Notice of Appeal.. Upon the filing of the notice of appeal, the liaison shall:. A. Send the appellant a written statement acknowledging receipt of the notice of appeal and send the appellee a copy of the acknowledgment;B. Send a copy of this chapter to the parties when the acknowledgment is sent;. C. Request the record and transcript of the prior proceeding;. D. After receipt of the record and transcript, send a copy to the parties; and.
10.01.05.06.htm 10.01.05.06. 06 Contents of Record.. A The original papers filed in the prior proceeding and the transcript of all of the testimony of the prior proceeding shall constitute the record on appeal.B. By written stipulation filed with the liaison, the parties may agree to include in the record only those papers and parts of the transcript that the parties determine are necessary for the appeal.C. If the question presented by the appeal can be determined without an examination of the entire re
10.01.05.07.htm 10.01.05.07. 07 Briefs.. A. Unless requested by the Board, briefs are not required for appeals.. B. A party may submit a brief provided the party gives the liaison and the opposing party notice of the intention to file a brief within 30 days after the liaison acknowledges receipt of the notice of appeal.C. Time for Filing Briefs.. 1) Appellant's Brief. Within 40 days after the liaison sends a copy of the record and transcript to the parties, the appellant shall file one copy of
10.01.05.08.htm 10.01.05.08. 08 Dismissal.. On its own motion or on motion filed by a party, the Board may dismiss an appeal for any of the following reasons:A. The appeal is not allowed by law;. B. The appeal has not been properly taken;. C. The appeal has not been filed within the time prescribed in Regulation .04 of this chapter;. D. The appellant fails to respond to the transcript option within the time specified in Regulation .06D of this chapter; orE. The appellant, without good cause, fails to app
10.01.05.09.htm 10.01.05.09. 09 Hearings.. A. Procedures.. 1) Each party has a maximum of 15 minutes for oral argument, to be divided as the party desires. A party may request additional time in writing provided the request is received at least 15 days before the hearing. The maximum time permitted may not exceed 30 minutes.2) If the parties stipulate that the case be heard on the record, it is not necessary for the parties to appear unless otherwise directed by the Board.
10.01.05.10.htm 10.01.05.10. 10 Final Decision.. A. The Board may:. 1) Affirm the judgment from which the appeal was taken;. 2) Reverse the judgment from which the appeal was taken;. 3) Direct the manner in which the judgment is to be modified, changed, or amended;. 4) Dispose of the case by stipulation, settlement, consent, default, or withdrawal;. 5) Remand the case for further proceedings; or. 6) Dismiss the appeal.. B. The Chairman shall sign the order of the Board..
10.01.05.9999.htm 10.01.05.9999. Administrative History Effective date: October 27, 1972. Regulation .01D amended effective August 3, 1981 (8:15 Md. R. 1306). Regulation .04 amended effective August 3, 1981 (8:15 Md. R. 1306) February 6, 1989 (16:2 Md. R. 159)Regulation .07 amended effective February 6, 1989 (16:2 Md. R. 159) ―. Regulations .01―09 repealed and new Regulations .01―10 adopted effective October 15, 2001 (28:20 Md. R. 1782)
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