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

19 records match your request.

FileAbstract
14.34.04.00.htm 14.34.04.00. Title 14 INDEPENDENT AGENCIES Subtitle 34 PUBLIC SCHOOL LABOR RELATIONS BOARD Chapter 04 Charge of Statutory Violation Authority: Education Article, §2-205(e) 6-401―6-411, 6-501―6-514, 6-806, and 6-807, Annotated Code of Maryland
14.34.04.01.htm 14.34.04.01. 01 Scope.. A. The scope of this chapter applies to a charge alleging a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Maryland.B. Except as otherwise required by statute, the regulations set forth in this chapter may be modified or waived by the Board upon the consent of the parties or for good cause shown.
14.34.04.02.htm 14.34.04.02. 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) “Board” means the Public School Labor Relations Board (PLSRB). 3) “Chairman” means the individual designated under Education Article, §6-803(c) Annotated Code of Maryland.4) “Charge” means an allegation of a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Mar
14.34.04.03.htm 14.34.04.03. 03 Charge and Answer; Request for Hearing.. A. Charge.. 1) A party alleging a violation of Education Article, Title 6, Subtitle 4 or Subtitle 5, Annotated Code of Maryland, may request relief from the Public School Labor Relations Board by completing Form PSLRB-05 and filing it with the Executive Director of the Board.2) In order to be timely, Form PSLRB-05 must be filed with the Executive Director of the Board within 60 days after the charging party knew, or reason
14.34.04.04.htm 14.34.04.04. 04 Motions.. A. Motion to Dismiss.. 1) Upon written motion to dismiss, or on its own initiative, the Board may issue a final decision dismissing a charge:a) Which fails to state a claim for which relief may be granted;. b) Over which the Board lacks jurisdiction; or. c) Upon any other basis which may be established without consideration of materials outside the charge and answer to charge.2) A motion to dismiss shall be filed within 20 days of service of a charge..
14.34.04.05.htm 14.34.04.05. 05 Amendments; Additional Filings; Consolidation.. A. A charge, answer, motion, or response may be amended for good cause shown, upon motion. Allowance of amendments shall be within the discretion of the Board.B. Motions to amend before hearing shall be in writing filed with the Executive Director, and the moving party shall serve a copy upon all parties.C. In its discretion, the Board may allow filings to be supplemented and may accept a reply to a response and a sur-reply, wi
14.34.04.06.htm 14.34.04.06. 06 Service; Computation of Time.. A. A party filing an answer to a charge, motion, response or other document with the Executive Director shall serve a copy of such document on all parties of record and indicate in the document filed with the Executive Director the name and address of each party served and the date on which each party was served.B. Service may be made by regular mail, facsimile or electronic mail, or personal delivery, except that service of a charge s
14.34.04.07.htm 14.34.04.07. 07 Delegation.. A. The Board may delegate authority to conduct a hearing to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland.B. A hearing delegated to the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.C. The Board may revoke all or part of a delegatio
14.34.04.08.htm 14.34.04.08. 08 Presiding 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.
14.34.04.09.htm 14.34.04.09. 09 Notice of Hearing; Postponements.. A. The Board shall give written notice of any hearing in a contested case to the parties in accordance with State Government Article, §10-208, Annotated Code of Maryland.B. Postponements.. 1) The Board may postpone or continue a hearing:. a) Upon motion by a party;. b) Upon a joint request of the parties; or. c) For good cause shown.. 2) Upon postponement, the hearing shall be rescheduled for a date certain..
14.34.04.10.htm 14.34.04.10. 10 Representation.. A. Unless prohibited by law, an individual who is a party in a contested case may represent himself or herself.B. A party in a contested case may be represented by an attorney authorized to practice law in Maryland or, when authorized by law, appear through a representative who is not an attorney.
14.34.04.11.htm 14.34.04.11. 11 Prehearing Procedures; Discovery.. A. Prehearing Conference.. 1) The Board may schedule a prehearing conference for any purpose considered necessary for the appropriate and orderly conduct of a pending matter.2) At the discretion of the Board, all or part of a prehearing conference may be recorded.. 3) Prehearing conferences may be conducted by telephone or videoconference.. B. Prehearing Orders.. 1) The Board may issue a prehearing order that sets forth the actions taken
14.34.04.12.htm 14.34.04.12. 12 Subpoenas.. A. Issuance of Subpoenas. On request of a party, the Board 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 form shall be made in writing to the Executive Director.2) To the extent practicable, subpoena form reques
14.34.04.13.htm 14.34.04.13. 13 Evidence; Conduct of Hearings.. A. Evidence shall be admitted in accordance with State Government Article, §10-213, Annotated Code of Maryland.B. Conduct of Hearings.. 1) Exclusion and Sequestration of Witnesses.. a) Upon request by a party, the presiding hearing officer may exclude witnesses other than parties from the hearing room.b) The presiding hearing officer may order the witnesses, parties, attorneys, and all others present in the hearing room not
14.34.04.14.htm 14.34.04.14. 14 Dismissal for Lack of Prosecution or Failure to Attend Scheduled Proceeding.. A. The Board may issue a default order dismissing a case for want of prosecution or for failure by a party to attend a prehearing conference, hearing, or other scheduled proceeding, after receiving notice.B. Within 7 days after service of a default order, the party may file a written motion:. 1) Requesting that the default order be vacated or modified; and. 2) Stating the grounds for the request..
14.34.04.15.htm 14.34.04.15. 15 Final Decision.. A. In any matter that has been delegated to the Office of Administrative Hearings, 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;3) Reverse the proposed d
14.34.04.16.htm 14.34.04.16. 16 Revision.. A. On motion of any party filed at any time, or on the initiative of the Board, the Board may exercise revisory power and control over a final decision in the event of fraud, mistake, or irregularity.B. Clerical mistakes in final decisions or other parts of the record may be corrected by the Board at any time on the Board’s own initiative, or on motion of any party.C. A request for revision does not automatically stay the action or toll the time for filing an appeal.
14.34.04.17.htm 14.34.04.17. 17 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.
14.34.04.9999.htm 14.34.04.9999. Administrative History Effective date: March 30, 2015 (42:6 Md. R. 513).
<< Back | Return to Main COMAR Search Page