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14.35.10.00.htm 14.35.10.00. Title 14 INDEPENDENT AGENCIES Subtitle 35 MARYLAND HEALTH BENEFIT EXCHANGE Chapter 10 Appeals from Determinations Regarding Producer Authorization or Individual Exchange Navigator Certification Authority: Insurance Article, §31-106(c)1)iv) 31-112, and 31-113; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland
14.35.10.01.htm 14.35.10.01. 01 Scope.. A. In General. This chapter applies to contested case hearings:. 1) Conducted by or on behalf of the Maryland Health Benefit Exchange; or. 2) Delegated by the Board in accordance with State Government Article, §10-205(a)1)ii) Annotated Code of Maryland.B. Except as explicitly stated in this chapter, COMAR 28.02.01 governs the conduct of a hearing before the Office of Administrative Hearings.C. Determinations entitled to contested case appeals. This chapter applies
14.35.10.02.htm 14.35.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Administrative law judge” has the meaning set forth under COMAR 28.02.01.02B(1). 2) “Board” means the Maryland Health Benefit Exchange Board of Trustees.. 3) Contested Case.. a) "Contested case" has the meaning stated in State Government Article, §10-202(d) Annotated Code of Maryland.b) "Contested case" includes a proceeding:.
14.35.10.03.htm 14.35.10.03. 03 Request for Hearing ― In General.. A. Scope. This regulation applies to all requests for a hearing permitted under Regulation .01C of this chapter.B. A person aggrieved may request a hearing by submitting a written statement to the Board, signed by the requesting person and containing the following information:1) The action or nonaction of the Board causing the person requesting the hearing to be aggrieved;. 2) The facts related to the incident or incidents
14.35.10.04.htm 14.35.10.04. 04 Delegation of Authority.. A. The Board may delegate to the Executive Director the authority to conduct a hearing or, on a case-by-case basis and in accordance with State Government Article, §10-205(a)1)ii) Annotated Code of Maryland, delegate to the Office or a person not employed by the Office the authority to:1) Conduct a contested case hearing; and. 2) Issue:. a) Proposed or final findings of fact;. b) Proposed or final conclusions of law;.
14.35.10.05.htm 14.35.10.05. 05 Service of Notices, Decisions, Orders, and Other Documents.. A. The Exchange shall provide notice of a hearing pursuant to State Government Article, §10-209, Annotated Code of Maryland.B. Notices, decisions, orders, and other documents issued by the Exchange may be served on a person by:1) Personal delivery to the person;. 2) Mailing a copy of the document, first class, postage prepaid, to the person's address of record on file with the Exchange;3) Mailing a copy of the
14.35.10.06.htm 14.35.10.06. 06 Discovery.. A. With respect to hearings conducted by or on behalf of the Exchange, by written request served on other parties and filed with the hearing officer not later than 30 calendar days before the scheduled hearing, a party may require any other party to produce, within 15 calendar days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible item:1) Relevant to the subject matter of the case; and. 2) Not privileged..
14.35.10.07.htm 14.35.10.07. 07 Subpoenas.. A. With respect to hearings conducted by or on behalf of the Exchange, on request of a party, the Exchange may issue subpoenas requiring the attendance and testimony of witnesses and the production, at the hearing, of any tangible items in the possession or under the control of a witness.B. Subpoena Requests.. 1) A request for a subpoena shall:. a) Be made, in writing, to the Exchange; and. i) Name and full address of the person to be subpoenaed; and.
14.35.10.08.htm 14.35.10.08. 08 Conduct of Hearing ― In General.. A. Scope. This regulation applies to all hearings conducted by or on behalf of the Exchange.. B. A hearing conducted under this chapter shall be open to the public, unless otherwise required by law.C. Parties to Contested Case Proceeding.. 1) The necessary parties to a contested case proceeding are:. a) The Exchange; and. b) A person who requests a hearing due to being aggrieved by:. i) A determination made by the Board; or.
14.35.10.09.htm 14.35.10.09. 42:04 .09 Postponements.. A. With respect to hearings conducted by or on behalf of the Exchange, at the discretion of the hearing officer, a hearing may be postponed if a written request for postponement is filed with the Exchange not later than 15 calendar days before the date of the hearing.B. A hearing may not be postponed, except for good cause, when the request for postponement is filed within 15 calendar days of the date of the hearing.
14.35.10.10.htm 14.35.10.10. 10 Default Orders.. A. With respect to hearings conducted by or on behalf of the Exchange, a hearing officer may issue a default order against a party other than the Exchange that, after receiving proper notice, fails to appear at a hearing if:1) Notice is issued by the Board, and the party failing to appear is the person against whom the notice was issued; or2) In any other contested case hearing, the party failing to appear is the person that requested theB. In a hearing arising o
14.35.10.11.htm 14.35.10.11. 11 Administrative Decisions.. A. Scope. This regulation applies to a contested case where an entity has been delegated authority to conduct a contested case hearing under Regulation .04 of this chapter.B. Contents. The hearing officer shall submit to the Board a decision that contains whichever of the following was authorized in the Board's delegation of authority to the entity for the case:1) Proposed or final findings of fact;. 2) Proposed or final conclusions of law;.
14.35.10.12.htm 14.35.10.12. 12 Exceptions.. A. Scope. This regulation applies to a contested case where the entity has been delegated authority under Regulation .04 of this chapter to issue proposed findings of fact, proposed conclusions of law, or a proposed order.B. On receipt of a decision that contains proposed findings of fact, proposed conclusions of law, or a proposed order, the parties affected have:1) 20 calendar days after receipt to file exceptions to the proposed findings of fact, proposed conc
14.35.10.13.htm 14.35.10.13. 13 Final Order Following Proposed Decision.. A. Scope. This regulation applies to a contested case where the entity has been delegated authority under Regulation .04 of this chapter to issue proposed findings of fact, proposed conclusions of law, or a proposed order.B. Issuance. After consideration of the entity's proposed findings of fact, proposed conclusions of law, or proposed order, and any exceptions filed by the parties, the Board shall issue a final order or a remand order.
14.35.10.14.htm 14.35.10.14. 14 Decisions.. The hearing officer shall sign the final order following a hearing. The final order is effective when issued, unless a different date is specified in the decision. A copy of the final order shall be filed with the Exchange and served on all parties to the hearing.
14.35.10.15.htm 14.35.10.15. 15 Rehearings.. A. A request for a rehearing shall be made in writing to:. 1) The Board in a contested case heard by the Exchange;. 2) The Board in a contested case where the entity has been delegated authority to hear the contested case under Regulation .04 of this chapter but the Board has retained authority to issue the final order; or3) The entity in a contested case where the entity has been delegated authority under Regulation .04 of this chapter to issue a final order.
14.35.10.16.htm 14.35.10.16. 16 Mistake or Error in the Final Order.. The Exchange or the entity delegated authority to conduct contested case hearings under Regulation .04 of this chapter may correct an order if, upon review, the final order was issued as a result of fraud, mistake, or inadvertence or contains a clerical error.
14.35.10.9999.htm 14.35.10.9999. Administrative History Effective date: June 8, 2015 (42:11 Md. R. 725).
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