Skip to Main Content
<< Back | Return to Main COMAR Search Page

15 records match your request.

FileAbstract
14.29.05.00.htm 14.29.05.00. Title 14 INDEPENDENT AGENCIES Subtitle 29 MARYLAND HERITAGE AREAS AUTHORITY Chapter 05 Procedures for Hearings in Contested Cases Authority: Financial Institutions Article, §13-1107(6) and 13-1124, Annotated Code of Maryland
14.29.05.01.htm 14.29.05.01. 01 General.. A. This chapter contains procedures for administrative hearings in contested cases under the Maryland Heritage Areas Authority's authority to:1) Review complaints made by local governments or other entities established to administer heritage areas that relate to activities undertaken by State agencies which may adversely affect heritage area resources; and2) Resolve any disputes that may arise in connection with the exercise of its authority to review such complaints.
14.29.05.02.htm 14.29.05.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Adverse effect" means:. a) In the case of historic or cultural resources, any effect that may alter, directly or indirectly, any of the characteristics of a historic or cultural resource that qualifies the resource for inclusion in the Maryland Register of Historic Properties in a manner that would diminish the integrity of the location, design, setting, materials, workma
14.29.05.03.htm 14.29.05.03. 03 Notice and Hearing.. A. In a contested case all parties shall be afforded an opportunity for hearing after reasonable notice.B. The notice shall:. 1) State the time, place, and nature of the hearing;. 2) State the legal authority under which the hearing is to be held;. 3) Cite the particular sections of the statutes and regulations, including procedural regulations, that are pertinent; and4) State concisely and simply:. a) The facts that are asserted; or.
14.29.05.04.htm 14.29.05.04. 04 Hearing Officer.. The Authority may delegate to the Office of Administrative Hearings the authority to act as hearing officer for any complaint filed or dispute raised under Financial Institutions Article, §13-1108, Annotated Code of Maryland. The hearing officer shall conduct the hearing and submit in writing to the Authority proposed findings of fact, proposed conclusions of law, and a proposed decision. The Authority shall make the final decision.
14.29.05.05.htm 14.29.05.05. 05 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.. C. Parties and their attorneys shall give written notice to the hearing officer of their names and addresses before the hearing.
14.29.05.06.htm 14.29.05.06. 06 Evidence.. A. Probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs may be admitted at a hearing and given probative effect.B. Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded.. C. Documentary evidence may be submitted by parties before and at the hearings and for such period of time that the hearing officer may designate the record to remain open after the hearing.D. On a genuine issue in
14.29.05.07.htm 14.29.05.07. 07 Hearing.. A. The hearing shall be open to the public, unless otherwise provided by law.. B. Upon written notice 7 days before a hearing and upon payment of costs, a party may request that a hearing be transcribed.
14.29.05.08.htm 14.29.05.08. 08 Ex Parte Communications.. A. Persons other than advisory staff may not communicate ex parte with the hearing 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 to rebut them.
14.29.05.09.htm 14.29.05.09. 09 Record.. A. In the determination of a contested case, the decision maker may consider only evidence that is in the record.B. The record in a contested case shall include:. 1) Pleadings and motions;. 2) Documentary evidence;. 3) Statements;. 4) Transcripts;. 5) Unless privileged, staff memoranda;. 6) Proposed findings of fact, proposed conclusions of law, and exceptions to them;. 7) Preliminary and final decisions; and.
14.29.05.10.htm 14.29.05.10. 10 Decision.. A. If a hearing officer hears the case, the decision maker may adopt, modify, or rewrite a hearing officer's proposed 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 served on each party. Parties adversely affected by the proposed decision shall be afforded the opportunity, within 10 days after receipt of the p
14.29.05.11.htm 14.29.05.11. 11 Time Periods.. For good cause, the hearing officer or decision maker may extend or waive time periods provided in this chapter.
14.29.05.12.htm 14.29.05.12. 12 Appeal.. A. Upon issuance of a final decision, an aggrieved party may appeal to the Office of Administrative Hearings for a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, or seek judicial review in accordance with applicable law. In an appeal to the Office of Administrative Hearings, the Office may not modify the Authority's decision unless the aggrieved party shows by a preponderance of the evidence that the final action of
14.29.05.13.htm 14.29.05.13. 13 Interpretation.. This chapter is intended to complement the Maryland Administrative Procedure Act. In the event of conflict, the Act takes precedence over this chapter.
14.29.05.9999.htm 14.29.05.9999. Administrative History Effective date: December 11, 2003 (30:24 Md. R. 1745).
<< Back | Return to Main COMAR Search Page