Chapter 04. Procedures for Contested Case Hearings
Regulation .01 Scope.LinkCopy Citation
A.
This chapter applies to contested case hearings that the Secretary is required to initiate by:
(1)
Statute;
(2)
Constitution; or
(3)
A regulation that expressly or by clear implication requires a hearing to be held in accordance with the Administrative Procedure Act and this chapter.
B.
This chapter does not apply to conferences, investigations, or to proceedings at which the general public has been assembled to provide comments and opinions on a permit or license proposed to be issued by the Department.
C.
These procedures are intended to supplement the procedures required by law. If the provisions of this chapter conflict with a statute or regulation concerning a specific type of contested case, the more specific statute or regulation controls as to the issue in conflict. If a conflict occurs between this chapter and the Administrative Procedure Act, the Administrative Procedure Act controls.
Regulation .02 Definitions.LinkCopy Citation
A.
The following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
(2)
“Administrative Law Judge” means an Administrative Law Judge of the Office of Administrative Hearings.
(3)
“Contested Case” has the meaning stated in State Government Article, §10-202(d), Annotated Code of Maryland.
(4)
“Department” means the Department of Natural Resources.
(5)
“Office of Administrative Hearings” has the meaning stated in State Government Article, §9-1602, Annotated Code of Maryland.
(6)
“Party” means a person or agency named or admitted as a party, including the Department.
(7)
“Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
(8)
“Secretary” means the Secretary of Natural Resources or a designee of the Secretary. For purposes of this chapter Secretary includes an official empowered by statute to render the final agency decision in a contested case.
Regulation .03 Delegation.LinkCopy Citation
A.
The Secretary may:
(1)
Conduct a contested case hearing in accordance with the Administrative Procedure Act and any other applicable law;
(2)
Delegate the authority to conduct a contested case hearing to the Office of Administrative Hearings in accordance with State Government Article, § 10-205, Annotated Code of Maryland; or
(3)
With the prior written approval of the Chief Administrative Law Judge of the Office of Administrative Hearings, delegate the authority to conduct a contested case hearing to a person not employed by the Office of Administrative Hearings.
Regulation .04 Notice of Agency Action.LinkCopy Citation
A.
The Secretary shall give reasonable notice of the agency's action in accordance with State Government Article, § 10-207, Annotated Code of Maryland when the Department is required by law to:
(1)
Provide a contested case hearing; or
(2)
Provide the opportunity to request a contested case hearing.
B.
Unless a relevant statute or regulation provides otherwise, a notice of agency action shall be provided to the parties or the parties' representatives by mail.
Regulation .05 Revocation of Delegation.LinkCopy Citation
A.
For a reason specified in §B of this regulation, the Secretary may revoke, in whole or in part, the authority delegated to the Office of Administrative Hearings to conduct a contested case hearing at any time before the earlier of:
(1)
The issuance of a ruling on a substantive issue; or
(2)
The taking of oral testimony from the first witness.
B.
The Secretary may revoke the delegation of authority if, in the opinion of the Secretary, a contested case involves:
(1)
Unanticipated, novel, or unique legal, scientific, or factual issues; or
(2)
Significant social, fiscal, legal, or policy issues.
C.
The Secretary shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings.
Regulation .06 Proposed Decision.LinkCopy Citation
A.
The Office of Administrative Hearings shall issue a proposed decision in accordance with the Secretary's delegation.
B.
Unless otherwise provided by law or the Department's delegation, the Office of Administrative Hearings shall submit the proposed decision to the Secretary and each party.
C.
The proposed decision shall:
(1)
Be in writing;
(2)
Contain findings of fact and conclusions of law; and
(3)
Include an explanation of procedures and time limits for submitting exceptions to the Secretary.
Regulation .07 Exceptions — Requests for Oral Argument.LinkCopy Citation
A.
Filing Exceptions; Oral Argument Request.
(1)
Within 15 calendar days after the Office of Administrative Hearings submits a proposed decision to the parties, a party may file written exceptions to the Secretary. The party filing the exceptions shall mail or deliver a copy of the exceptions to all parties.
(2)
A party filing exceptions may request the opportunity to present oral argument to the Secretary that the proposed decision should be reversed, affirmed, or remanded.
B.
A party may submit a written reply to the exceptions and participate in the oral argument. A reply to exceptions must be filed with the Secretary and delivered to all parties within 15 calendar days after receipt of the exceptions.
C.
If oral argument is requested, the Secretary shall notify all parties that oral arguments will be heard at a certain date, time, and place. Oral argument shall be scheduled to allow the parties time to reply to the exceptions.
D.
The Secretary may require the parties who filed exceptions to bear the cost of transcribing the relevant portions of the record. Each party shall bear the cost of its own copy of the transcript.
E.
The Secretary may extend the time for filing exceptions or replies to exceptions.
Regulation .08 Final Decision.LinkCopy Citation
A.
A final decision in a contested case shall contain:
(1)
Findings of fact;
(2)
Conclusions of law;
(3)
An order; and
(4)
A statement of the right to seek judicial review.
B.
If the Office of Administrative Hearings has issued a proposed decision or order and no exceptions are filed within 15 calendar days after a proposed decision or order is submitted to the parties, the Secretary may proceed to make the final decision.
C.
If a party files exceptions, the Secretary shall:
(1)
Consider each part of the record that the parties cite in their exceptions, replies to exceptions, and oral arguments before making a final decision; and
(2)
Except as otherwise provided by law or by agreement of the parties, make the final decision within 30 days after the exceptions are filed or the argument is presented, whichever is later.
D.
The Department shall mail or deliver the final decision to all parties.
Regulation .09 Reconsideration and Revision.LinkCopy Citation
On the initiative of the Secretary or on motion of any party filed at any time the Secretary may revise a final decision if the decision was based on fraud, mistake, or inadvertence.
Regulation .10 Petition for Judicial Review.LinkCopy Citation
A party that is adversely affected by a final decision or order may file a petition for judicial review as provided by State Government Article, §10-222, Annotated Code of Maryland.
Chapter annotations
Authority: Natural Resources Article, §1-104; State Government Article, §10-206; Annotated Code of Maryland
History: Effective date: November 14, 1988 (15:23 Md. R. 2658)
History: Regulations .01—.26 repealed and new Regulations .01—.10 adopted effective April 5, 2010 (37:7 Md. R. 569)