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14.30.11.00.htm 14.30.11.00. Title 14 INDEPENDENT AGENCIES Subtitle 30 STATE HIGHER EDUCATION LABOR RELATIONS BOARD Chapter 11 Hearings Authority: State Personnel and Pensions Article, §3-2A-05―3-2A-07, Annotated Code of Maryland
14.30.11.01.htm 14.30.11.01. 01 Scope.. A. This chapter contains procedures for administrative hearings concerning matters before the Board.. B. A hearing 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.
14.30.11.02.htm 14.30.11.02. 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) "Party" means an individual, organization, institution, or agency, including the Board, named in an administrative proceeding before the Board.
14.30.11.03.htm 14.30.11.03. 03 Delegation of Hearing Authority to the Office of Administrative Hearings.. A. The Board may conduct a hearing or may delegate authority to conduct a hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205(a) Annotated Code of Maryland.B. Scope of Delegation. The Board, or the Executive Director acting on behalf of the Board, may delegate authority to the Office of Administrative Hearings in accordance with State Government Article,
14.30.11.04.htm 14.30.11.04. 04 Delegation of Hearing Authority to the Executive Director or other Person.. A. The Board in its discretion may delegate the hearing of any matter to the Executive Director or other individual not employed by the Office of Administrative Hearings with the prior written approval of the Chief Administrative Law Judge under State Government Article, §10-205 (a) Annotated Code of Maryland.B. If the Board delegates a hearing to the Executive Director or other indi
14.30.11.05.htm 14.30.11.05. 05 Request for Hearing.. A. A written request for a hearing shall be filed with the Executive Director not later than 15 days from the date of the notice of the action unless a different time is otherwise provided in this subtitle.B. The request shall include the following:. 1) The name, mailing address, and telephone number of the person filing the request and the person's attorney or other representative, if any;2) The action, sanction, decision, or order being
14.30.11.06.htm 14.30.11.06. 06 Notice of Hearing.. The Board, the Executive Director, or Office of Administrative Hearings, as appropriate, shall give written notice of the hearing of a contested case to the parties in accordance with State Government Article, §10-208, Annotated Code of Maryland.
14.30.11.07.htm 14.30.11.07. 07 Service.. A. Unless otherwise required by law, service of the following documents shall be made by personal delivery, or by certified mail:1) Notice of the hearing;. 2) Default orders;. 3) Prehearing orders;. 4) Final decisions;. 5) Exceptions to proposed decisions; and. 6) Appeals of final decisions.. B. Service upon or filing with the Board may be made by delivering the document to the Executive Director at the Office of the Executive Director.
14.30.11.08.htm 14.30.11.08. 08 Representation.. A. In contested case proceedings, a party with standing to file a complaint or petition may appear and be heard on the party's own behalf, or by the party's attorney (State Government Article, §10-206.1, Annotated Code of Maryland)B. Any attorney appearing before the Board shall be licensed to practice in the State of Maryland (Maryland Rule 16-812, MRCP 5.5)C. In the event that an out-of-State attorney wishes to represent a client before the Board, the att
14.30.11.09.htm 14.30.11.09. 09 Discovery.. There shall be no formal discovery..
14.30.11.10.htm 14.30.11.10. 10 Prehearing Conference.. A. The Board, the Executive Director, or the administrative law judge, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.B. The Board, the Executive Director, or the administrative law judge, as appropriate, may require the parties to submit information before the prehearing conference.C. The Board, the Executive Director, or the administrative law judge, as appropriate, may order that each party make availab
14.30.11.11.htm 14.30.11.11. 11 Stipulations and Affidavits.. 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.. B. Affidavits. The Board, the Executive Director, or the administrative law judge, as appropriate, may admit an affidavit as evidence.
14.30.11.12.htm 14.30.11.12. 12 Subpoenas.. A. Issuance of Subpoenas. The Board, the Executive Director, or the Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing.B. Request for Subpoenas.. 1) A request for issuance of a subpoena shall:. a) Be made in writing to the Board, Executive Director, or Office of Administrative Hearings, as appropriate;b) State:.
14.30.11.13.htm 14.30.11.13. 13 Motions.. A. Process.. 1) Unless otherwise provided by this chapter, 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) A written motion shall:. a) Be filed not later than:. i) 7 days before the date of a prehearing conference; or. ii) 14 days before the date of the hearing;. b) State concisely the question to be determined;.
14.30.11.14.htm 14.30.11.14. 14 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 Board, the Executive Director, or the administrative law judge, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means, by consent of all parties.
14.30.11.15.htm 14.30.11.15. 15 Evidence.. A. Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.B. The strict rules of evidence observed by courts do not apply to hearings under this subtitle.. C. The Board, the Executive Director, or the administrative law judge, as appropriate, shall admit evidence, including reliable hearsay evidence, if it is the kind upon which reasonable persons are accustomed to rely in the c
14.30.11.16.htm 14.30.11.16. 16 Expert Testimony.. Expert testimony may be accepted by the Board, the Executive Director, or the administrative law judge, as appropriate, if the testimony, as proffered, would aid in an understanding of the case.
14.30.11.17.htm 14.30.11.17. 17 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 Board, the Executive Director, or the administrative law judge, 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..
14.30.11.18.htm 14.30.11.18. 18 Failure to Attend Hearing and Default.. A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the Board may issue a final decision or the administrative law judge or the Executive Director may issue a proposed decision, as appropriate, against the defaulting party.B. Within 7 days after service of a default order, the party may file a written motion:.
14.30.11.19.htm 14.30.11.19. 19 Burdens of Going Forward and Persuasion.. A. In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.B. The Board, Executive Director, or the administrative law judge, as appropriate, shall find against a party with the burden of:1) Going forward, if that party has not presented sufficient evidence to establish a prima facie cas
14.30.11.20.htm 14.30.11.20. 20 Record of Hearings.. A. The Board, the Executive Director, or the Office of Administrative Hearings, 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;.
14.30.11.21.htm 14.30.11.21. 21 Ex Parte Communications.. A. A party or a party's representative may not communicate ex parte with members of the Board, the Executive Director, an administrative law judge, or any of their staff members who have participated in the contested case regarding the merits of any issue in the hearing.B. Members of the Board may communicate with:. 1) The Executive Director's staff or the Office of Administrative Hearings' staff who otherwise do not participate in the contested case; or
14.30.11.22.htm 14.30.11.22. 22 Transcripts, Costs.. A. The hearing shall be recorded by tape recording unless excused by the Board.. B. Transcript.. 1) Either party may request a transcript at a hearing conducted by Office of Administrative Hearings (OAH) or by the Board. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription and provide a copy to the Board.2) Parties may choose between using a recording from OAH or the Board to prepare a transcript, or us
14.30.11.23.htm 14.30.11.23. 23 Proposed Orders; Exceptions.. A. In any matter that has been delegated to the Office of Administrative Hearings, the administrative law judge shall issue, as appropriate, findings, conclusions, orders, decisions, or any of these, as prescribed under State Government Article, §10-205(b) Annotated Code of Maryland. The Office of Administrative Hearings shall serve a document issued under this section upon the parties within 30 days following the conclusion of the hearing.
14.30.11.24.htm 14.30.11.24. 24 Final Decision.. A. In any matter that has been delegated to the Office of Administrative Hearings or to the Executive Director, the Board, after considering the record and any exceptions, by majority vote, shall:1) Adopt the proposed decision as the final decision of the Board;. 2) Modify the proposed findings of fact, proposed conclusions of law, or proposed disposition, in whole or in part, and then adopt the modified proposed decision as the final decision of the Board;
14.30.11.25.htm 14.30.11.25. 25 Reconsideration.. In the event of fraud, mistake, or irregularity, a final decision may be reconsidered and corrected at any time.
14.30.11.26.htm 14.30.11.26. 26 Judicial Review.. A party who is aggrieved by a final decision is entitled to judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Board may request to intervene as a party to the proceeding.
14.30.11.9999.htm 14.30.11.9999. Administrative History Effective date: April 1, 2002 (29:6 Md. R. 568). Regulation .03B amended effective December 22, 2003 (30:25 Md. R. 1851). Regulation .08 amended as an emergency provision effective December 23, 2002 (30:13 Md. R. 851) amended permanently effective September 29, 2003 (30:19 Md. R. 1334)Regulation .08 repealed and new Regulation .08 adopted effective October 22, 2007 (34:21 Md. R. 1917)Regulation .22 amended effective October 22, 2007 (34:21 Md. R. 1917).
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