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13b.04.01.00.htm 13B.04.01.00. Title 13B MARYLAND HIGHER EDUCATION COMMISSION Subtitle 04 RULES OF PROCEDURE Chapter 01 Hearings Authority: Education Article, Title 11, Subtitle 2; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland
13b.04.01.01.htm 13B.04.01.01. 01 Scope.. A. This chapter applies to contested case hearings before the Maryland Higher Education Commission.. B. Hearings before an administrative law judge of the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure of the Office of Administrative Hearings in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.
13b.04.01.02.htm 13B.04.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" has the meaning stated in COMAR 28.02.01.02.. 2) "Authorized representative" means an attorney or, when permitted by applicable law, an individual designated by a party to represent the party.3) "Commission" means the Maryland Higher Education Commission.. 4) "Hearing" or "proceeding" means a contested case hearing as defined by t
13b.04.01.03.htm 13B.04.01.03. 03 Notice of the Right to a Hearing.. A. If there is a statutory right to appeal an action of the Secretary or the Commission, the Secretary or the Commission, as appropriate, shall provide notice of that action in accordance with this regulation.B. The notice shall include:. 1) A statement of the factual basis for the action;. 2) A reference to the statutory or regulatory provision under which the action is being taken;. 3) A statement of the right to a hearing upon request;.
13b.04.01.04.htm 13B.04.01.04. 04 Request for a Hearing.. A. A written request for a hearing shall be filed:. 1) Within the time period specified by relevant statute or regulation; or. 2) If no time period is otherwise specified, not later than 30 days from the date of the notice of the contested action.B. A request for a hearing is considered filed on the earlier of the date the request is postmarked or when actually received by the Secretary or the Commission, as appropriate.
13b.04.01.05.htm 13B.04.01.05. 05 Notice of Hearing.. A. The Secretary or the Commission, as appropriate, shall serve written notice of the hearing on the parties.B. The hearing notice shall contain:. 1) The date, time, place, and nature of the hearing;. 2) The legal authority and jurisdiction under which the hearing is to be held, including citation to any statute or regulation that is pertinent;3) The nature and subject matter of the hearing;. 4) A statement of the right to present witnesses and documents;.
13b.04.01.06.htm 13B.04.01.06. 06 Expedited Hearings.. A. A party may serve on the Secretary or the Commission, as appropriate, and on all parties, a request for an expedited hearing.B. The request for an expedited hearing shall set forth the reason for the request.. C. A request for an expedited hearing shall waive applicable notice requirements.. D. The Secretary or the Commission, as appropriate, shall rule on a request for an expedited hearing within 3 working days after receipt of the request.
13b.04.01.07.htm 13B.04.01.07. 07 Time and Place For Hearings.. A. A hearing shall be conducted at a site designated by the Secretary or the Commission, as appropriate.B. A hearing shall be held:. 1) Within the time period specified by relevant statute or regulation; or. 2) If no time period is otherwise specified, not later than 90 days from the date the notice of the request for a hearing is received.C. If all parties agree, the hearing may be held on a date other than that provided by this regulation.
13b.04.01.08.htm 13B.04.01.08. 08 Conduct of Hearings and Sanctions.. A. The Commission may, at its discretion, appoint less than a quorum of Commission members to preside at the hearing and prepare proposed findings of fact and conclusions of law. The proposed findings of fact and conclusions of law shall be presented to the Commission with a quorum of members present. At that meeting and any adjournment of that meeting, the proposed findings of fact and conclusions of law shall be conside
13b.04.01.09.htm 13B.04.01.09. 09 Parties; Representation.. A. The parties shall consist of:. 1) The institution of postsecondary education or the individual requesting the hearing;. 2) A person entitled as of right to participate as a party;. 3) A person who applies for and is granted leave to participate as a party upon a satisfactory showing of interest in the matter, including a person admitted as a party for a limited purpose; and4) The Secretary.. 1) An individual may represent himself or herself..
13b.04.01.10.htm 13B.04.01.10. 10 Discovery.. A. Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing.B. With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged, a party, by written request served upon all other parties and filed with the Secretary or the Commission, as appropriate, not later than
13b.04.01.11.htm 13B.04.01.11. 11 Intervention and Consolidation.. A. Upon motion filed not later than 10 days before the prehearing conference or 20 days before the hearing date, a person may be permitted to intervene in an action when the person has standing and:1) An unconditional right to intervene as a matter of law; or. 2) Claims an interest relating to the subject matter of the hearing that is:. a) Adversely affected, and. b) Not adequately represented by existing parties.. B. The motion shall state
13b.04.01.12.htm 13B.04.01.12. 12 Prehearing Conference.. A. The Secretary or the Commission, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.B. The Secretary or the Commission, as appropriate, may require the parties to submit information before the prehearing conference.C. The Secretary or the Commission, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses
13b.04.01.13.htm 13B.04.01.13. 13 Settlement Conferences.. A. The Secretary or the Commission, as appropriate, may appoint a designee to preside at a conference to address settlement possibilities.B. Settlement discussions are not a part of the case record.. C. The individual who presides at a settlement conference in which ex parte communications take place may not preside at any hearing in that contested case and may not advise the Secretary or the Commission regarding any decision on the merits of that case.
13b.04.01.14.htm 13B.04.01.14. 14 Stipulations.. A. Stipulations.. 1) The parties, by stipulation, may agree to any substantive or procedural matter.. 2) A stipulation may be filed in writing or entered on the record at the hearing.. 3) The Secretary or the Commission, as appropriate, may require additional development of stipulated matters.B. Affidavits. The Secretary or the Commission, as appropriate, may admit an affidavit as evidence..
13b.04.01.15.htm 13B.04.01.15. 15 Motions; Postponement; Failure to Prosecute.. A. Process.. 1) Unless otherwise provided by these regulations, a party:. a) May move for appropriate relief before or during a hearing; and. b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.2) Written motions shall:. a) Be filed not later than 10 days before the date of a prehearing conference or not later than 20 days before the date of the hearing;
13b.04.01.16.htm 13B.04.01.16. 16 Conduct of Hearings.. A. On a genuine issue in a contested case, each party is entitled to:. 1) Call witnesses;. 2) Offer evidence, including rebuttal evidence;. 3) Cross-examine opposing witnesses; and. 4) Make opening and closing statements.. B. Telephone Hearings.. 1) The Secretary or the Commission, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means.2) For good cause, a party may object to the holdi
13b.04.01.17.htm 13B.04.01.17. 17 Evidence.. A. Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.B. Evidence may not be excluded solely on the grounds that it is hearsay.. C. Exclusion of Witnesses.. 1) Upon request by a party, the Secretary or the Commission, as appropriate, may exclude witnesses other than parties from the hearing room.2) The Secretary or the Commission, as appropriate, may order the witnesses, parties, attorneys, and
13b.04.01.18.htm 13B.04.01.18. 18 Expert Testimony.. Expert testimony may be accepted by the Secretary or the Commission, as appropriate, if the testimony, as proffered, would aid in an understanding of the case.
13b.04.01.19.htm 13B.04.01.19. 19 Appointment of Interpreter.. A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the Secretary or the Commission, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.B. An interpreter shall take an oath or affirmation that the interpreter will accurately translate..
13b.04.01.20.htm 13B.04.01.20. 20 Failure to Attend Hearing and Default.. A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other proceeding scheduled by the Secretary or the Commission, as appropriate, the Secretary or the Commission may issue a proposed decision or a final decision, as appropriate, against the defaulting party.B. Within 7 calendar days after service of a default order, the party may file a written motion requesting that the default o
13b.04.01.21.htm 13B.04.01.21. 21 Proceedings Open to the Public.. A. Unless otherwise prohibited by federal or State law, all proceedings before the Secretary or the Commission are open to the public.B. Unless otherwise provided by federal or State law, documents, notices, and records in the possession of the Secretary or the Commission as a result of a contested case proceeding may be inspected and copied as provided in State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of
13b.04.01.22.htm 13B.04.01.22. 22 Burdens 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) The party requesting a hearing following notice of the Secretary's or Commission's intent to deny or refuse to renew a permit, certification, or license bears the burden of going forward to establi
13b.04.01.23.htm 13B.04.01.23. 23 The Record.. A. The Secretary or the Commission, as appropriate, shall prepare an official record of each hearing.B. The record shall consist of:. 1) Any document giving rise to the proceeding;. 2) Any request for the hearing;. 3) Notices of all proceedings;. 4) Any prehearing order;. 5) Motions, pleadings, briefs, petitions, requests, and intermediate rulings;. 6) Evidence received or considered;. 7) A statement of each fact officially noticed;.
13b.04.01.24.htm 13B.04.01.24. 24 Service.. A. Unless otherwise required by law, service of the following documents shall be made by personal delivery or by mail:1) Notices of the hearing;. 2) Default orders;. 3) Prehearing orders;. 4) Final decisions; and. 5) Exceptions to proposed decisions and appeals of final decisions.. B. Service upon a party to whom a permit, certification, or license has been issued by the Commission or Secretary may be made by delivering a copy to the most recent address
13b.04.01.25.htm 13B.04.01.25. 25 Delegation of Hearing Authority.. A. The Secretary or the Commission, as appropriate, may delegate all or part of the authority to hear a contested case to the Office of Administrative Hearings.B. Authority to Revoke Delegation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation of authority to hear a contested case.C. Criteria for Revocation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation to the Of
13b.04.01.26.htm 13B.04.01.26. 26 Ex Parte Communications.. A. A party or a party's representative may not communicate ex parte with the Secretary or members of the Commission, whichever is presiding at the hearing, regarding the merits of any issue in the hearing.B. The Secretary or the members of the Commission may communicate with members of an advisory staff or the Commission, or with any counsel for the Secretary or the Commission who otherwise does not participate in the contesteC. Actions taken by the S
13b.04.01.27.htm 13B.04.01.27. 27 Transcripts, Costs.. A. The hearing shall be recorded by tape recording, stenographic notes, or other means, and shall be transcribed as soon as possible after the hearing.B. A party other than the Secretary or the Commission taking exceptions or appealing a proposed decision shall request a transcript if one has not been prepared.C. Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription.
13b.04.01.28.htm 13B.04.01.28. 28 Proposed Decision and Exceptions.. A. Proposed Decision. A proposed decision shall contain:. 1) Findings of fact and conclusions of law, separately stated;. 2) A proposed order; and. 3) A statement of the right to file written exceptions to the proposed decision in accordance with this regulation.B. Except in the case of an expedited hearing, a proposed decision shall be submitted to the parties within 90 days from the date of the hearing or the filing of post-hearing
13b.04.01.29.htm 13B.04.01.29. 29 Final Decision.. A. After hearing oral argument and considering the record, the Secretary or the Commission by majority vote of those present, as appropriate, shall:1) Adopt the proposed decision as the final decision of the agency;. 2) Modify the proposed findings of fact, proposed conclusions of law, or proposed order, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;3) Reverse the proposed decision and issue its own
13b.04.01.30.htm 13B.04.01.30. 30 Judicial Review.. A party who is aggrieved by a final decision is entitled to judicial review in accordance with Education Article, Title 11, Subtitle 2, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Secretary or the Commission, as appropriate, shall be a party to the proceeding. The final decision shall be presumed correct and the aggrieved party shall have the burden of proving otherwise.
13b.04.01.9999.htm 13B.04.01. Administrative History Effective date: October 20, 1986 (13:21 Md. R. 2322). Regulations .01-10 repealed and new Regulations .01-30 adopted effective March 23, 1998 (25:6 Md. R. 490)
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