# COMAR Title 01 — Executive Department ## Subtitle 02 — Secretary of State ### Chapter 03 — Charitable Organizations: Procedural Regulations **Authority:** Business Regulation Article, §6-204; State Government Article, §§10-123 and 10-204; Annotated Code of Maryland **Administrative History:** Effective date: February 10, 1978 (5:3 Md. R. 134) **Administrative History:** Regulation .02A, D amended effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .02E adopted effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .03C amended effective October 3, 1988 (15:20 Md. R. 2332); August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .04C amended effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .07 amended effective November 13, 2000 (27:22 Md. R. 2059); August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .10 amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .10A amended effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .11E amended effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .12A amended effective August 8, 2022 (49:16 Md. R. 757) **Administrative History:** Regulation .12B amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .12C amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .13 amended effective October 3, 1988 (15:20 Md. R. 2332) **Administrative History:** Regulation .14 amended effective October 3, 1988 (15:20 Md. R. 2332) #### Regulation .01 Scope. *COMAR 01.02.03.01* These regulations apply to controversies and hearings arising under the Maryland Charitable Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland. #### Regulation .02 Definitions. *COMAR 01.02.03.02* A. “Act” means the Maryland Solicitations Act, Business Regulation Article, Title 6, Annotated Code of Maryland. B. “Day” means calendar day. C. “Party” means any person requesting a hearing and any person or agency having an interest in the outcome of a hearing. D. “Petitioner” means any person requesting a regulation change or a declaratory ruling. E. “Respondent” means any person requesting a hearing from the Secretary of State pursuant to Business Regulation Article, §6-205(g)(1), Annotated Code of Maryland, and following receipt of a cease and desist order issued by the Secretary of State or Attorney General as authorized by Business Regulation Article, §6-205(b)(2), Annotated Code of Maryland. #### Regulation .03 Petition for Adoption of Regulations. *COMAR 01.02.03.03* A. Who May File. Any interested person may file with the Secretary a petition requesting the promulgation, amendment, or repeal of any regulation. B. Form. The petition shall be in writing and shall contain the name, address, and telephone number of the petitioner. It shall also contain the proposed regulation change and a brief statement of reasons in support of the change. C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting the promulgation, amendment, or repeal of any regulation a notice of filing indicating the date of receipt of the petition. Within 60 days of the receipt, the Secretary shall either deny the petition in writing and state the reasons for their denial, or institute appropriate regulation-promulgation procedures in accordance with the Administrative Procedure Act, and notify the petitioner in writing of this action. #### Regulation .04 Petition for Declaratory Ruling. *COMAR 01.02.03.04* A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts. B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whether or in what manner the stated regulation or the Act applies to the facts contained in the petition. The petition shall also contain the name, address, and telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of his knowledge, information, and belief. C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for their consideration and disposition. The Secretary shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing within 30 days of the date of receipt of the petition of whatever action they decide to take and state the reasons for their decision. #### Regulation .05 Right to a Hearing. *COMAR 01.02.03.05* A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary. B. Notice. (1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the Secretary shall notify the person affected in writing of the right to request a hearing and of the method of making the request. (2) This written notice shall: (a) Advise the person of the right to be represented by counsel during the entire hearing process; (b) Advise the person of the right to request a reasonable accommodation for a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language; (c) Advise the person that he or she may present documents and witnesses at the hearing; and (d) Include a summary of the regulations relating to hearing procedures. C. Request for Accommodations. (1) Upon receipt of a request for accommodation, the Secretary of State’s Office shall provide a qualified interpreter during the proceeding in which the party, witness, or representative is participating. (2) An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings. (3) If a party, witness, or representative requests an accommodation, the Office shall provide a reasonable accommodation as required by the Americans with Disabilities Act. #### Regulation .06 Requests for Hearings. *COMAR 01.02.03.06* Any person entitled to a hearing may file with the Secretary a petition requesting a hearing. The petition shall be filed within 30 days of the date of the Secretary's decision, failure to act, or other action. The Secretary shall mail promptly to each petitioner a notice indicating the date of receipt of the request. #### Regulation .07 Date of Hearing — Timing. *COMAR 01.02.03.07* A. Within 30 days after a request is submitted by a respondent, the Secretary of State shall hold a hearing in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. B. For all other hearing requests, the Secretary shall hold the hearing as promptly as possible and within a reasonable time of the date a request for a hearing is received. #### Regulation .08 Right to Counsel. *COMAR 01.02.03.08* Any party may appear in person or may be represented by counsel. #### Regulation .09 Consolidation of Requests for Hearings. *COMAR 01.02.03.09* The Secretary may consolidate requests for hearings, when the sole issue involved is one of policy, and hold a group hearing. In all group hearings, the procedures contained in these regulations shall be followed. #### Regulation .10 Prehearing Procedure. *COMAR 01.02.03.10* A. Notice of Hearings. The Secretary shall provide reasonable notice to a party of the date, time and place of a hearing. If the petitioner notifies the Secretary that the date designated is not convenient, the Secretary may designate another date which is convenient to the petitioner. B. Briefs. Each party may submit briefs containing arguments relating to the issues of fact and law involved in the hearing. If briefs are submitted, the party shall file five copies with the Secretary in a timely manner. The Secretary of State may, in certain circumstances, accept post-hearing briefs. C. Witnesses. At least 10 days before the hearing date, the petitioner shall notify the Secretary in writing of those employees of the Secretary whom the petitioner wishes to call as witnesses at the hearing and the reasons why they are being asked to testify. If the Secretary determines that the action or inaction of those employees is the basis of the hearing, the Secretary shall require their presence at the hearing. #### Regulation .11 Hearing Procedure. *COMAR 01.02.03.11* A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act. B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings. C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete charge of the hearing. The Secretary shall permit the examination of witnesses, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time. D. Office of the Attorney General. The Secretary, or the Secretary's designee, may request the Attorney General's Office to participate in any hearing as counsel. Upon this request, counsel shall have all of the rights with regard to submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument as counsel for any party. E. Oath. All testimony taken by the Secretary shall be under oath. The oath shall be in the following form: “Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the Secretary shall be the truth, the whole truth, and nothing but the truth?” F. Rules of Evidence. (1) The rules of evidence in all hearings held pursuant to the Act or these regulations shall be those set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (2) Any party may submit evidence, examine and cross-examine witnesses, file objections and motions, and present oral argument. When a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument shall be done solely by counsel. (3) The Secretary, or the Secretary's designee, may examine any witness called by any party. The Secretary, or the Secretary's designee, may call as a witness any person in attendance at the hearing. (4) Subject to the requirements of Regulation .10C of this chapter, the petitioner shall have the right to call as a witness any employee of the Secretary whose action or inaction the petitioner is contesting. If the Secretary or the Secretary's counsel introduces as evidence documents filed by the petitioner or documents resulting from an investigation or other sources, the petitioner shall have the right to examine the documents and the person who prepared them, if that person prepared the documents at the request of the Secretary. #### Regulation .12 Withdrawn or Abandoned Requests for Hearings. *COMAR 01.02.03.12* A. Withdrawn Requests for Hearings. A request for a hearing may be withdrawn in writing by the petitioner or their counsel at any time. B. Abandoned Requests for Hearings. The Secretary shall consider a request for a hearing abandoned if neither the petitioner nor the petitioner's counsel appears at the hearing. C. Denied or Dismissed Requests for Hearings. The Secretary shall deny or dismiss a request for a hearing if: (1) It is withdrawn by the petitioner or the petitioner's counsel in writing; (2) The petitioner dies, dissolves, or otherwise terminates the petitioner's activities; or (3) It is abandoned. #### Regulation .13 Records. *COMAR 01.02.03.13* A. Preparation. The Secretary shall prepare an official stenographic record of the proceedings in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The record shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceedings. Any party requesting a typewritten transcript of the hearing, or part of it, is responsible for its cost. B. Availability. The record shall be available to each party or each party's counsel at any reasonable time for a period not to exceed 2 years or until all litigation involving the decision is ended, whichever date is later. #### Regulation .14 Decisions. *COMAR 01.02.03.14* A. Content and Distribution. (1) Every final decision rendered by the Secretary shall be in writing and shall be accompanied by findings of fact and conclusions of law. (2) The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. (3) The Secretary shall mail to each party or each party's counsel a copy of the decision and accompanying findings and conclusions within 30 days of the hearing. B. Right to Judicial Review. The Secretary shall advise the petitioner in writing of the petitioner's right to judicial review.