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11.01.05.00.htm 11.01.05.00. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 05 Board of Review of the Department of Transportation Authority: Transportation Article, §2-505 and 2-506, Annotated Code of Maryland
11.01.05.01.htm 11.01.05.01. 01 Meetings; Quorum; Votes.. The Board shall meet for hearings and other purposes at the call of the Chairman. Unless otherwise designated by the Chairman, meetings shall be held at the headquarters building of the Department of Transportation. Five members shall constitute a quorum for the hearing of appeals. Four members shall constitute a quorum for all other meetings. Decisions shall be by a majority vote of those present.
11.01.05.02.htm 11.01.05.02. 02 Vice-Chairman; Acting Chairman.. At the first meeting of the Board in each calendar year, the Board shall elect a Vice-Chairman to serve until his successor has been elected. The Vice-Chairman shall preside at meetings as acting chairman in the absence of the Chairman, and shall perform all the functions and shall have all the powers of the Chairman in the event of the absence from the State or the disability of the Chairman. Any other member of the Board may be designated as te
11.01.05.03.htm 11.01.05.03. 03 Scope of Review.. A. Pursuant to Transportation Article, §2-505(b) Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e) Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a
11.01.05.04.htm 11.01.05.04. 04 Initiation of Review by Promulgating Authority: Complaint.. A. A complainant seeking to appeal the adoption of a regulation, within the meaning of State Government Article, §10-101(e) Annotated Code of Maryland, by the Secretary of Transportation or by any administration or agency within the Department, shall first file a complaint in writing to the chief executive officer of the administration or other agency which has promulgated the regulation, within 3
11.01.05.05.htm 11.01.05.05. 05 Initiation of Review by the Board: Appeal.. A. Appeals to the Board of Review shall be filed with the Board within 30 days after the complainant has received a copy of the decision as provided for in Regulation .04 of this chapter.B. If no decision on the complaint has been sent to the complainant, an appeal may be filed within 30 days from the time the decision should have been made pursuant to Regulation .04 of this chapter.C. The Board, for good cause shown, may extend the
11.01.05.06.htm 11.01.05.06. 06 Appeal Docket; Time and Place of Hearings; Notice.. A. When an appeal of a regulation has been filed with the Board of Review, The Board shall docket the appeal in its docket book which shall be available for public inspection during regular business hours.B. Appeals shall be assigned for hearing by the Chairman, and, insofar as feasible, in the sequence in which they are filed, provided that appeals filed with inadequate information may not be assigned for hearing until the ap
11.01.05.07.htm 11.01.05.07. 07 Conduct of Hearings.. A. Hearings shall be conducted generally in the following order:. 1) Call of the case by the presiding officer;. 2) Disposition of any preliminary matters;. 3) Opening statements of the parties;. 4) Presentation of evidence in the following order:. a) Complainant,. b) Interested administrative officers,. c) Other parties,. d) Rebuttals in the same order;. 5) Closing arguments..
11.01.05.08.htm 11.01.05.08. 08 Forms and Content of Appeal Before the Board of Review.. Appeals shall be filed in the following form or in a form substantially similar to this form:. FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF TRANSPORTATION. Name and Address) (Complainant). Vs.. Official or Administration appealed from See Rule 4. (Respondent). APPEAL NO.. 1. (Name) , Complainant, appeals from: (Here set forth the decision made by the Administrator when requested by complainant t
11.01.05.09.htm 11.01.05.09. 09 Pleadings and Motions in Appeals; Service; Parties.. A. Answer. The respondent in an appeal shall file an answer to the appeal and an interested individual may file an answer to the appeal.B. Pleadings and Motions.. 1) A party may file motions or other pleadings.. 2) Each party's name, address, and telephone number, or that of the party's counsel, shall be stated on each motion or pleading.3) The form and content of pleadings, except as otherwise set forth in thes
11.01.05.10.htm 11.01.05.10. 10 Practice in Appeals.. Any person may appeal to the Board in proper person or by an attorney admitted to practice before the Court of Appeals of Maryland, in good standing, representing the complainant. At the hearing, any party may proceed in proper person, or by the attorney. Corporations may appeal and proceed at the hearing by the attorney or by an officer of the corporation duly authorized to do so by a resolution of the board of directors of the corporation (or i
11.01.05.11.htm 11.01.05.11. 11 Transcript Record in Appeals.. A stenographic record or sound tape record shall be taken in each appeal. It is not necessary to transcribe the record unless so ordered by the Chairman or the Board. Any party may order a transcript at the expense of that party, and any party taking an appeal to the courts shall order and obtain a transcript at the expense of the party so appealing. The Board may require a party granted a rehearing to order and obtain a transcript at the expense
11.01.05.9999.htm 11.01.05.9999. Administrative History Effective date: January 15, 1973. Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860). Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860) August 28, 1995 (22:17 Md. R. 1319)Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319). Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860). Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319).
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