This subtitle does not apply to: 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. Except as provided in subsection (a) of this section, this subtitle shall apply to each agency that employs or engages one or more hearing officers to adjudicate contested cases unless the agency has been exempted by the Governor under subsection (c) of this section. Until July 1, 1994, the Governor may temporarily exempt an agency from this subtitle.

The Office of Administrative Hearings is created as an independent unit in the Executive Branch of State government.

The Office is headed by a Chief Administrative Law Judge appointed by the Governor with the advice and consent of the Senate. The Chief Administrative Law Judge shall: be appointed for a term of 6 years; devote full time to the duties of the Office; and be eligible for reappointment. The Chief Administrative Law Judge shall: 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. The Chief Administrative Law Judge may employ a staff in accordance with the State budget.

The Chief Administrative Law Judge shall: 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: serve as an administrative law judge in a contested case or a case to determine eligibility for compensation and benefits under § 10–501 of the State Finance and Procurement Article; furnish administrative law judges on a contractual basis to other governmental entities; accept and expend funds, grants, and gifts and accept services from any public or private source; enter into agreements and contracts with any public or private agencies or educational institutions; adopt regulations to implement this subtitle; and assess fees to cover administrative expenses as follows: to file an appeal, a fee not exceeding: $150 for an appeal of a driver’s license suspension or revocation related to a violation of the Maryland Vehicle Law; and $50 for all other types of appeals; and to process a subpoena, a fee not exceeding $5. Fees charged under paragraph (1) of this subsection for administrative expenses may not be charged to: State agencies; or petitioners who are determined by the Office of Administrative Hearings to be unable to pay the fees. 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. The Chief Administrative Law Judge shall meet and confer regularly with the Advisory Council on Administrative Hearings.

An administrative law judge: 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. An administrative law judge may not be responsible to or subject to the supervision or direction of an officer, employee, or agent engaged in the performance of investigative, prosecuting, or advisory functions for an agency. In any contested case conducted by an administrative law judge, the administrative law judge may: 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: appear for a hearing; testify under oath; or produce any relevant evidence, including documents or other tangible things. An administrative law judge may apply, upon affidavit, to any judge of a circuit court for an order, returnable in not less than 2 nor more than 5 days, to show cause why a person should not be committed to jail for refusal to comply with an order issued under paragraph (1) of this subsection. On the return of an order issued under subparagraph (i) of this paragraph, if the judge hearing the matter determines that the person is guilty of refusal to comply with the order of the administrative law judge, the judge may commit the offender to jail as in cases of civil contempt.

All units of State government shall cooperate with the Chief Administrative Law Judge in the discharge of his duties. The Office shall be subject to audit and examination by the Office of Legislative Audits of the Department of Legislative Services under § 2-1220 of this article. Except as provided in this subtitle or in regulations adopted under this subtitle, an agency may not select or reject a particular administrative law judge for a particular proceeding.

If the Office is unable to assign an administrative law judge in response to an agency request, the Chief Administrative Law Judge shall designate in writing an individual to serve as an administrative law judge in a proceeding before the agency if: the individual meets the qualifications for an administrative law judge established by the Office under § 9-1604(a)(2) of this subtitle; and the agency that employs the individual consents to the assignment.

An individual who is not licensed to practice law in this State may represent a party in a proceeding before the Office if: authorized by law; the individual is representing: a recipient of or applicant for benefits that are: based on the recipient’s or applicant’s income and resources; and provided by the Department of Human Services or the Maryland Department of Health; a resident of a facility at a proceeding conducted under § 19–344(q)(4) or § 19–345.1 of the Health – General Article; a health care facility, as defined in § 10–101 of the Health – General Article, at a proceeding under the provisions of § 10–632 or § 10–708 of the Health – General Article or § 3–121 of the Criminal Procedure Article; or a grievant at a proceeding conducted pursuant to Title 10, Subtitle 2 of the Correctional Services Article concerning a grievance submitted to the Inmate Grievance Office, provided the representation is not otherwise restricted for reasons of security or expense pursuant to regulations, rules, directives, or policies adopted by the Division of Correction or Patuxent Institution; 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: § 8–312 of the Business Regulation Article (Home Improvement Commission); Title 5 of the Labor and Employment Article (Occupational Safety and Health); or regulations adopted pursuant to § 14–303 of the State Finance and Procurement Article, concerning the decertification of a minority business enterprise to conduct business with the Department of Transportation; in the case of an insurer, the individual is a designee of the insurer who: is employed by the insurer in claims, underwriting, or as otherwise provided by the Commissioner; and has been given the authority by the insurer to resolve all issues involved in the proceeding; or 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: shall provide the Office a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the business entity and may bind the business entity on matters pending before the Office; and may not be a disbarred or suspended lawyer in any state. 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. This section may not be interpreted to limit the right of an individual to appear on the individual’s own behalf.

Subject to subsection (b) of this section, regulations adopted in accordance with § 10–206(a)(1) of this article shall apply to a proceeding before the Office, regardless of whether the proceeding is subject to Title 10, Subtitle 2 of this article (Administrative Procedure Act – Contested Cases). Unless a federal or State law or regulation requires that a federal or State procedure shall be observed, the regulations specified in subsection (a) of this section shall take precedence in the event of a conflict.

There is a State Advisory Council on Administrative Hearings. The Council consists of 10 members. Of the 10 Council members: 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 Governor shall appoint the members specified in subsection (c)(4) through (7) of this section. Of the members appointed under subsection (c) of this section, not more than 5 shall be attorneys who practice before the Office of Administrative Hearings.

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. A member of the Council may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations. The Council shall designate a chairman from among its members.

The Council shall: 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. The Council shall meet at a regular time and place to be determined by the Council.