# COMAR Title 05 — Department of Housing and Community Development ## Subtitle 01 — General Provisions ### Chapter 01 — Procedures for Hearings in Contested Cases **Authority:** State Government Article, §10-206, Annotated Code of Maryland **Administrative History:** Effective date: January 7, 1982 (8:26 Md. R. 2105) **Administrative History:** Chapter recodified from COMAR 05.04.02 to COMAR 05.01.01 **Administrative History:** Regulations .01—.07, Appeals to the Secretary, repealed and new **Administrative History:** Regulations .01—.13, Procedures for Hearing Contested Cases, adopted **Administrative History:** effective November 14, 1988 (15:23 Md. R. 2656) **Administrative History:** Regulation .02B amended effective April 5, 1999 (26:7 Md. R. 536) #### Regulation .01 General. *COMAR 05.01.01.01* This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and apply to all contested cases within the Department. #### Regulation .02 Definitions. *COMAR 05.01.01.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Contested case” means a proceeding to determine: (a) A right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or (b) The grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing. (2) “Decision maker” means the person or persons with authority to decide a contested case or designated by the Secretary of Housing and Community Development. (3) “Department” means the Department of Housing and Community Development. (4) “Party” means one whose legal rights, duties, statutory entitlements, or privileges will be affected by the outcome of a contested case. #### Regulation .03 Notice and Hearing. *COMAR 05.01.01.03* A. In a contested case all parties shall be afforded an opportunity for hearing after reasonable notice. B. The notice shall: (1) State the time, place, and nature of the hearing; (2) State the legal authority under which the hearing is to be held; (3) Cite the particular sections of the statutes and regulations, including procedural regulations, that are pertinent; and (4) State concisely and simply: (a) The facts that are asserted, or (b) If the facts cannot be stated in detail when the notice is given, the issues that are involved. #### Regulation .04 Hearing Officer. *COMAR 05.01.01.04* The decision maker may designate a hearing officer who shall conduct the hearing and submit in writing to the decision maker proposed findings of fact and proposed conclusions of law. #### Regulation .05 Representation. *COMAR 05.01.01.05* A. A party may appear in proper person or be represented by counsel. B. A corporation may be represented by an officer, agent, or attorney. C. Parties and their attorneys shall give written notice to the hearing officer of their names and addresses in advance of the hearing. #### Regulation .06 Evidence. *COMAR 05.01.01.06* A. Probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs may be admitted at a hearing and given probative effect. B. Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded. C. Documentary evidence may be submitted by parties before and at the hearings and for such period of time that the hearing officer may designate the record to remain open after the hearing. D. On a genuine issue in a contested case a party may call witnesses and cross examine opposing witnesses. #### Regulation .07 Hearing. *COMAR 05.01.01.07* A. The hearing shall be open to the public, unless otherwise provided by law. B. Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed. #### Regulation .08 Ex Parte Communications. *COMAR 05.01.01.08* A. Persons other than advisory staff may not communicate ex parte with the hearing officer or decision maker. B. Ex parte communications received in violation of §A shall be placed in the record and disclosed to all parties who shall then have 10 days within which to rebut them. #### Regulation .09 Record. *COMAR 05.01.01.09* A. In the determination of a contested case, the decision maker may consider only evidence that is in the record. B. The record in a contested case shall include: (1) Pleadings and motions; (2) Documentary evidence; (3) Statements; (4) Transcripts; (5) Staff memoranda, unless privileged; (6) Proposed findings of fact, proposed conclusions of law, and exceptions to them; (7) Preliminary and final decisions; and (8) Other writing germane to the case and not otherwise privileged. #### Regulation .10 Decision. *COMAR 05.01.01.10* A. The decision maker may adopt, modify, or rewrite a hearing officer's proposed findings of fact and proposed conclusions of law. B. If a decision maker or a majority of them has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be served on each party. Parties adversely affected by the proposed decision shall be afforded the opportunity, within 10 days after receipt of the proposed decision, to file exceptions and present argument to the decision maker or the majority of them. C. Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys. D. Instead of a decision, a contested case may be disposed of by agreed settlement, consent order, or default. #### Regulation .11 Time Periods. *COMAR 05.01.01.11* For good cause, the hearing officer or decision maker may extend or waive time periods provided in these regulations. #### Regulation .12 Appeal. *COMAR 05.01.01.12* A. Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law. B. Upon notice of appeal the record shall be transmitted promptly to the appropriate appellate tribunal, and within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies. #### Regulation .13 Interpretation. *COMAR 05.01.01.13* These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them.