Title 9. Miscellaneous Executive Agencies — Subtitle 16. Office of Administrative Hearings

the Governor;

any unit of the Judicial Branch;

any unit of the Legislative Branch;

the Comptroller of the Treasury;

the incarcerated individual adjustment hearing officers;

the Public Service Commission;

the State Workers’ Compensation Commission;

the Parole Commission;

the Health Services Cost Review Commission;

the Maryland Health Care Commission; and

unemployment insurance benefit determinations and employer obligation determinations in the Maryland Department of Labor, and appeals from those determinations.

be appointed for a term of 6 years;

devote full time to the duties of the Office; and

be eligible for reappointment.

receive the salary provided in the State budget;

be admitted to practice law in the State; and

have the powers and duties specified in this subtitle.

supervise the Office of Administrative Hearings;

establish qualifications for administrative law judges;

appoint and remove administrative law judges in accordance with § 9–1605 of this subtitle;

assign administrative law judges to conduct hearings in contested cases or cases to determine eligibility for compensation and benefits under § 10–501 of the State Finance and Procurement Article;

if necessary, establish classifications for case assignment on the basis of subject matter, expertise, and case complexity;

establish and implement standard and specialized training programs and provide materials for administrative law judges;

provide and coordinate continuing education programs and services for administrative law judges, including research, technical assistance, technical and professional publications, compiling and disseminating information, and advise of changes in the law relative to their duties;

develop model rules of procedure and other guidelines for administrative hearings;

develop a code of professional responsibility for administrative law judges; and

monitor the quality of State administrative hearings.

The Chief Administrative Law Judge may:

Fees charged under paragraph (1) of this subsection for administrative expenses may not be charged to:

A fee charged under paragraph (1) of this subsection for filing an appeal shall be refunded to a party who initiates the appeal if the party receives a favorable decision from the administrative law judge.

The Chief Administrative Law Judge shall submit an annual report on the activities of the Office to the Governor and, subject to § 2–1257 of this article, to the General Assembly.

This report may be prepared in conjunction with the annual report required under § 9–1610 of this subtitle.

shall be a special appointment in the State Personnel Management System;

may be removed, suspended, or demoted by the Chief Administrative Law Judge for cause, after notice and an opportunity to be heard;

shall receive the compensation provided in the State budget; and

may not perform duties inconsistent with the duties and responsibilities of an administrative law judge.

authorize the issuance of subpoenas for witnesses;

administer oaths;

examine an individual under oath; and

compel the production of documents or other tangible things.

Without good cause, a person may not refuse an order by any administrative law judge to:

authorized by law;

the individual is representing:

the individual is a designee of a corporation while appearing on its behalf in an administrative proceeding held under § 27–613 of the Insurance Article;

the individual is an officer of a corporation, an employee designated by an officer of a corporation, a general partner in a business operated as a partnership or an employee designated by a general partner, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, or employee is appearing on behalf of the corporation, partnership, or business in an administrative hearing held under:

in the case of an insurer, the individual is a designee of the insurer who:

the individual is representing a unit of State government, at the direction of the unit of State government.

An employee designated by a business entity under subsection (a)(3) or (4) of this section:

A business entity may not contract, hire, or employ another business entity, other than an attorney, to provide appearance services under subsection (a)(3) or (4) of this section.

An employee designated by a business entity under subsection (a)(4) of this section may not be assigned on a full–time basis to appear in administrative hearings before the Office on behalf of the business entity.

1 shall be a member of the Senate of Maryland, appointed by the President of the Senate;

1 shall be a member of the House of Delegates, appointed by the Speaker of the House;

1 shall be the Attorney General or the Attorney General’s designee;

1 shall be a nongovernmental attorney who practices before the Office of Administrative Hearings;

2 shall be secretaries or designees from departments involved in the adjudication of contested cases;

2 shall represent the Maryland State Bar Association; and

2 shall be from the general public.

The term of a member of the Council is 4 years.

The terms of the members are staggered as required by the terms provided for members of the Council on January 1, 1990.

A member is eligible to serve more than 1 term.

advise the Chief Administrative Law Judge in carrying out his duties;

identify issues of importance to administrative law judges that should be addressed by the Chief Administrative Law Judge;

review issues and problems relating to administrative hearings and the administrative process;

review and comment upon policies and regulations proposed by the Chief Administrative Law Judge;

advise the Governor as to those agencies for which a continuing exemption under § 9–1601 of this subtitle should be maintained as consistent with the purposes of this subtitle; and

submit an annual report, which may be prepared in conjunction with the report required under § 9–1604 of this subtitle and is subject to § 2–1257 of this article, to the Legislative Policy Committee of the General Assembly, including a list of the agencies that are exempted from this subtitle under § 9–1601(c) of this subtitle and the reasons for the exemptions.