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23.01.03.00.htm
| 23.01.03.00. Title 23 BOARD OF PUBLIC WORKS Subtitle 01 GENERAL REGULATIONS Chapter 03 Contested Case Regulations Authority: State Government Article, §10-206, Annotated Code of Maryland |
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23.01.03.01.htm
| 23.01.03.01. 01 Scope.. This chapter applies to hearings that the Board of Public Works is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings for which procedures are prescribed by a specific law or by other regulation. |
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23.01.03.02.htm
| 23.01.03.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter.2) "Board" means the Board of Public Works.. 3) "Party" means the Board or any person whose rights are being adjudicated at a hearing.. |
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23.01.03.03.htm
| 23.01.03.03. 03 Delegation.. Whenever the Board is required by statute or regulation to conduct a hearing as set forth in Regulation .01 of this chapter, the Board may:A. Hear the case; or. B. Refer the case to the Office of Administrative Hearings which shall appoint an administrative law judge who shall conduct the hearing. |
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23.01.03.04.htm
| 23.01.03.04. 04 Notice.. A. The Board or the administrative law judge shall give the parties reasonable notice of the hearing.B. Contents of Notice. The notice shall contain a:. 1) Statement of the date, time, place, and nature of the hearing;. 2) Statement of the person's right to be represented by counsel;. 3) Statement of the legal authority and jurisdiction under which the hearing is to be held;. 4) Reference to the particular sections of statute and regulation, includin |
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23.01.03.05.htm
| 23.01.03.05. 05 Prehearing Conference.. A. Before the date of the hearing, a prehearing conference may be held, for which notice shall be given to all parties of the date, time, and place.B. In the discretion of the Board or the administrative law judge, persons other than parties may attend a prehearing conference. |
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23.01.03.06.htm
| 23.01.03.06. 06 Hearing.. A. General. The provisions of State Government Article, 10-211-10-219, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings.B. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Board or the administrative law judge during the prehearing conference or otherwise:1) Call of the case by the Board or the administrative law judge ;. |
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23.01.03.07.htm
| 23.01.03.07. 07 Record and Transcript.. A. The Board or the administrative law judge shall prepare an official record of each hearing, which shall include all pleadings, exhibits, and other material filed in the proceeding, and any testimony transcribed according to §B of this regulation.B. A stenographic record of the proceedings or other form of verbatim record acceptable to the Board shall be made at the expense of the Board. This record need not be transcribed unless requested by |
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23.01.03.08.htm
| 23.01.03.08. 08 Decisions.. A. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time.B. Proposed Decision.. 1) If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §10-220, Annotated Code of Maryland, and a final decision may not be issued until |
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23.01.03.09.htm
| 23.01.03.09. 09 Appeal.. A party adversely affected by a final decision of the Board may obtain judicial review of the decision as provided by law. |
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23.01.03.9999.htm
| 23.01.03.9999. Administrative History Effective date: September 5, 1988 (15:18 Md. R. 2153). Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222) ―. Chapter revised effective January 27, 1997 (24:2 Md. R. 116). |
