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14.32.02.00.htm 14.32.02.00. Title 14 INDEPENDENT AGENCIES Subtitle 32 STATE LABOR RELATIONS BOARD Chapter 02 General Practice and Hearing Procedures Authority: State Personnel and Pensions Article, §3-205 and 3-206, Annotated Code of Maryland
14.32.02.01.htm 14.32.02.01. 01 Informal Resolution.. With the consent of all parties, any matter pending before the Board may be referred to OAH for informal resolution in accordance with the applicable provisions of COMAR 28.02.01.14. The parties shall participate in good faith in all matters referred to informal resolution and in all prehearing conferences in order to assist in the resolution of the pending matter. A party cannot be compelled to make a concession or enter into an agreement resolv
14.32.02.02.htm 14.32.02.02. 02 Determination of Presiding Hearing Officer.. In hearings conducted by the Board, the Chairman shall preside for purposes of administering the hearing pursuant to this chapter. The Chairman may designate a Board member to preside in the Chairman's stead. The presiding hearing officer shall fix the time and place for all hearings.
14.32.02.03.htm 14.32.02.03. 03 Prehearing Conference.. The presiding hearing officer may order a prehearing conference for any administrative purpose the presiding hearing officer considers necessary for the appropriate and orderly conduct of a pending matter. The parties shall cooperate in good faith with the presiding hearing officer in the appropriate and orderly conduct of any pending matter. The presiding hearing officer may order, with the consent of all parties, a prehearing conference for the
14.32.02.04.htm 14.32.02.04. 04 Notice of Hearing.. A. Service by Mail. Written notice of a Board or delegated contested case hearing shall be delivered by the Board to all parties by ordinary or electronic mail.B. Contents.. 1) Board Hearings. For Board hearings, the notice shall include:. a) A statement of the date, time, place, and nature of the hearing;. b) A statement of the legal authority and jurisdiction under which the hearing is to be held;.
14.32.02.05.htm 14.32.02.05. 05 Intervention and Additional Parties.. A. Intervention Application. Any potential intervenor with standing may request intervention as an interested party in any proceeding before the Board. An application for intervention shall be in writing, except that applications made during a hearing may be made orally, and shall contain a statement of the reasons for the intervention and the claimed basis of standing of the party to intervene.B. When an application fo
14.32.02.06.htm 14.32.02.06. 06 Continuance.. A. Application. A party may request a continuance upon written application to the presiding hearing officer before commencement of the hearing or other proceeding, or oral application to the presiding hearing officer during the hearing, but not ex parte.B. Order. Board hearings or proceedings on any matter may be continued by order of the presiding hearing officer with the reasons or other conditions stated in the order, with notice to all parties.
14.32.02.07.htm 14.32.02.07. 07 Appearances.. A. Except as otherwise provided by law, a party with standing to participate in a proceeding before the Board shall be represented by an attorney who is licensed to practice law in Maryland. However, an individual employee who is a party to an action before the Board, may appear on that individual's own behalf under Business Occupations and Professions Article, §10-101―10-102, Annotated Code of Maryland, Maryland Rules of Civil Procedure 5.5, and
14.32.02.08.htm 14.32.02.08. 08 Amendments.. A. Motion. A petition, complaint, or answer may be amended for good cause shown, but not ex parte, upon motion at any time before the decision. Allowance of amendments, including those to conform to the proof, shall be within the discretion of the presiding hearing officer.B. Form. Motions to amend before hearing shall be in writing filed with the presiding hearing officer, and the moving party shall serve a copy upon all parties by regular mail.
14.32.02.09.htm 14.32.02.09. 09 Briefs and Oral Arguments.. A. Oral Arguments. At the discretion of the presiding hearing officer, oral arguments may be presented by the parties with time limits determined by the presiding hearing officer.B. Briefs. Briefs may be filed in the order and within the time limits set by the presiding hearing officer.
14.32.02.10.htm 14.32.02.10. 10 Sequestration of Witnesses.. Upon its own motion, or the motion of a party, the presiding hearing officer may order the sequestration of witnesses in any proceeding.
14.32.02.11.htm 14.32.02.11. 11 Subpoenas.. A. Issuance of Subpoenas. On request of a party, the presiding hearing officer or Executive Director may issue subpoenas. Subpoenas are for the purpose of securing the attendance and testimony of witnesses and the production at the hearing of any tangible items in the possession or under the control of the witness.B. Requests.. 1) In a hearing before the Board, a request for a subpoena shall be made in writing to the Executive Director.
14.32.02.12.htm 14.32.02.12. 12 Service of Pleadings and Other Papers.. A. Service―Upon Whom Made. When service is required to be made upon a party, service shall be as follows:1) Upon the State by serving the Secretary or agency head for the agency or department named in the complaint, and the Secretary of the Department of Budget and Management; or2) Upon an employee organization, by service upon the exclusive representative designee or, if no one is so designated, by service upon the president,
14.32.02.13.htm 14.32.02.13. 13 Consolidation.. Upon application of a party or upon its own motion, the Board may consolidate for hearing any cases which involve common questions of law or fact.
14.32.02.14.htm 14.32.02.14. 14 Prohibition Against Testimony of Mediators and Board Members or Employees.. A mediator, Executive Director, presiding hearing officer, member of the Board, or employee of the Board may not testify in a contested case or matter, pending in any jurisdiction or before the Board, with respect to any information, facts, or other matter coming to that individual's knowledge through a party or parties in an official capacity as a resolver of disputes.
14.32.02.15.htm 14.32.02.15. 15 Delivery of Decisions and Orders.. Decisions, orders, and reports of the administrative law judge shall be delivered to the parties by electronic mail unless a party has expressed a preference for regular mail. Decisions, orders, and reports shall be issued within 30 days following the close of any hearing or filing of any post-hearing briefs, whichever is later.
14.32.02.16.htm 14.32.02.16. 16 Ordering Transcripts for Board Review.. Upon request of any party, a transcription of a proceeding before the Board or OAH shall be ordered within 30 days of the hearing. The costs of the transcription shall be split by the parties.
14.32.02.17.htm 14.32.02.17. 17 Dismissal and Default.. The Board or an administrative law judge may dismiss cases for want of prosecution if, after receiving notice by certified mail, the parties do not show good cause why the case should be retained.
14.32.02.18.htm 14.32.02.18. 18 Decisions.. A. Board Hearings. A decision by the Board shall become the final decision of the agency unless the Board, on its own motion, or motion of a party, determines to review its decision.B. Administrative Law Judge Hearings. When a hearing is presided over by an administrative law judge, the administrative law judge shall complete the procedure authorized by the Board in accordance with State Government Article, §10-205, Annotated Code of Maryland, and, when
14.32.02.19.htm 14.32.02.19. 19 Revocation of Delegated Hearing Authority to OAH.. A. Criteria. The Board, or the Executive Director acting on behalf of the Board, may revoke all or part of a delegation to OAH if the case:1) Involves novel or unanticipated factual or legal issues;. 2) Has significant social or fiscal consequences;. 3) Involves policy issues of general applicability;. 4) Is likely to have precedential value; or. 5) Requires especially expeditious decision.. 1) The Board shall provid
14.32.02.20.htm 14.32.02.20. 20 Review of Board Decision.. On granting a party's motion, or on its own motion, to review a Board decision, the Board may conduct a new evidentiary proceeding or utilize the record as submitted before the Board or OAH. The Board shall set a time and place of any hearing or additional argument and give notice to the parties. The decision rendered by the Board shall be a final decision.
14.32.02.21.htm 14.32.02.21. 21 Enforcement of Board Decision.. An action to enforce a Board order can be commenced by a member of the Board in accordance with State Personnel and Pensions Article, §3-210, Annotated Code of Maryland, after notification by the member to the Board.
14.32.02.22.htm 14.32.02.22. 22 Petitions for Declaratory Rulings.. Any interested person may petition the Board for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Board to any person, property, or State on the facts set forth in the petition.
14.32.02.9999.htm 14.32.02.9999. Administrative History Effective date: February 13, 2006 (33:3 Md. R. 241) ―. Chapter recodified from COMAR 17.07.02 to 14.32.02 effective November 1, 2007 ―. Chapter revised effective July 28, 2008 (35:15 Md. R. 1350).
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