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11.01.14.00.htm 11.01.14. Title 11 DEPARTMENT OF TRANSPORTATION Subtitle 01 OFFICE OF THE SECRETARY Chapter 14 Procedure for Hearings in Contested Cases Authority: Transportation Article, §2-103(b) State Government Article, §10-206; Annotated Code of Maryland
11.01.14.01.htm 11.01.14.01. 01 Scope.. This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland.
11.01.14.02.htm 11.01.14.02. 02 Applicability.. A. These procedures apply to all contested cases within the Department except hearings conducted by the Motor Vehicle Administration under the procedures set forth in the Maryland Vehicle Law and hearings governed by special regulations or otherwise exempted by law from coverage.B. These procedures do not apply to contested cases delegated to the Office of Administrative Hearings for the contested case hearing, except that the requirements of Regulati
11.01.14.03.htm 11.01.14.03. 03 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Contested case" means a proceeding so defined under the Maryland Administrative Procedure Act.. 2) "Decision maker" means the person or persons with authority to decide a contested case.. 3) "Department" means the Maryland Department of Transportation or any of its units.. 4) "Party" means one whose legal rights, duties, statutory entitlements, or privileges will be affec
11.01.14.04.htm 11.01.14.04. 04 Notice.. A. In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.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 and documents, or other evidence, and the right to cross-examine any witness that another party or the agency calls under State Government Article, §10-213(f) Annotated Code of Maryland, if applicable;3) If applicable, a state
11.01.14.05.htm 11.01.14.05. 05 Hearing Officer.. A. If approved in writing by the Chief Administrative Law Judge, the decision maker may designate a presiding officer who shall conduct the hearing and make written findings of fact and proposed conclusions of law.B. The decision maker may also be the presiding officer..
11.01.14.06.htm 11.01.14.06. 06 Representation.. A. A party may appear in proper person or be represented by counsel.. B. A corporation may be represented by an officer, agent, or attorney..
11.01.14.07.htm 11.01.14.07. 07 Evidence.. A. Evidence that possesses probative value commonly accepted by reasonable and prudent individuals in the conduct of the individuals' affairs may be admitted at a hearing.B. Incompetent, irrelevant, immaterial, and unduly repetitious evidence may be excluded.. C. The presiding officer is not bound by technical rules of evidence.. D. Written statements may be submitted by parties before and at the hearing and for such period of time that the presiding of
11.01.14.08.htm 11.01.14.08. 08 Witnesses.. A. A party may call witnesses and cross-examine opposing witnesses.. B. Witnesses and parties acting as witnesses shall be sworn or put upon affirmation to tell the truth.
11.01.14.09.htm 11.01.14.09. 09 Hearing.. A. The hearing shall be open to the public, unless otherwise provided by law.. B. Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.
11.01.14.10.htm 11.01.14.10. 10 Ex Parte Communications.. A. Individuals, other than advisory staff or agency counsel who do not participate in the contested case hearing, may not communicate ex parte with the presiding officer or decision maker.B. Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties who shall then have 10 days after notice of the communication within which to rebut them.
11.01.14.11.htm 11.01.14.11. 11 Decision.. A. The decision maker may adopt, modify, or rewrite a presiding officer's findings of fact and proposed conclusions of law.B. If a decision maker, or a majority of them, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be mailed to all parties. Parties adversely affected by the decision shall be afforded the opportunity, within 15 days after receipt of it, to file exceptions and present argument to the decision m
11.01.14.12.htm 11.01.14.12. 12 Appeal.. A. Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.B. The record, for purposes of appeal, in a contested case shall include:. 1) Motions and pleadings;. 2) Documentary evidence;. 3) Statements of each fact of which the presiding officer or decision maker has taken official notice;4) Transcripts;. 5) Staff memoranda, unless privileged;.
11.01.14.13.htm 11.01.14.13. 13 Time Periods.. For good cause the presiding officer or decision maker may extend or waive time periods provided in these regulations.
11.01.14.14.htm 11.01.14.14. 14 Interpretation.. These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them.
11.01.14.9999.htm 11.01.14.9999. Administrative History Effective date: September 5, 1980 (7:18 Md. R. 1740). Regulation .01 amended effective August 6, 1990 (17:15 Md. R. 1861). Regulation .02 amended effective August 28, 1995 (22:17 Md. R. 1319). Regulation .03 amended effective August 28, 1995 (22:17 Md. R. 1319). Regulation .03C amended effective August 6, 1990 (17:15 Md. R. 1861). Regulation .04A amended effective August 6, 1990 (17:15 Md. R. 1861).
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