Chapter 03. Hearings Delegated to the Office of Administrative Hearings

Except as provided in §B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, §10-205, Annotated Code of Maryland.

This chapter does not apply to cases arising under:

If a conflict exists between this chapter and the statute or regulations governing an administrative unit, the statute or regulations of the administrative unit shall govern.

If a conflict exists between this chapter and the Rules of Procedure of the Office of Administrative Hearings in COMAR 28.02.01, this chapter shall govern.

Except as provided in this regulation, the ALJ shall conduct an evidentiary hearing under the Administrative Procedure Act and COMAR 28.02.01.

A motion to dismiss or any other dispositive motion may not be granted by the ALJ without the concurrence of all parties.

The presenter of evidence, the respondent, and the claimant may cross-examine any witness called by any party during a combined regulatory and guaranty fund hearing.

For a reason specified in §B of this regulation, an administrative unit or the Department may revoke, in whole or in part, the delegation of authority to the Office of Administrative Hearings to hear a contested case at any time before the earlier of:

The administrative unit or the Department may revoke the delegation of authority if, in the opinion of the administrative unit or the Department:

The administrative unit or the Department shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings.

The notice shall:

If only a partial revocation of the delegation of authority is made, the administrative unit or the Department shall identify in the notice the portions of the contested case for which delegation of authority has been revoked.

A final decision issued by the administrative unit shall reflect the fact of full or partial revocation of the delegation of authority, and a copy of the revocation notice shall be included as part of the record.

At any stage of the proceedings, upon the agreement of the parties, the case may be withdrawn from the Office of Administrative Hearings docket for settlement purposes.

Withdrawal of the case from the Office of Administrative Hearings docket may not be deemed a dismissal of the regulatory charges or the guaranty fund claim, and may not preclude a subsequent referral to the Office of Administrative Hearings, if settlement is not accomplished.

Upon completion of the hearing, the ALJ shall submit a proposed decision to the administrative unit.

The Office of Administrative Hearings may not distribute the proposed decision to the parties or to the public unless the delegation of authority specifically provides for that distribution.

The proposed decision shall comply with the requirements of the Administrative Procedure Act and COMAR 28.02.01.22, and shall include:

Within 60 days of receipt of the ALJ's proposed decision, an administrative unit shall:

An administrative unit may extend the 60-day period specified in §C of this regulation by a written notice to all parties.

If the proposed order changes, modifies, or amends the ALJ's proposed decision, the proposed order shall set forth an explanation of the reasons for the changes, modifications, or amendments.

A proposed order shall be mailed to the parties, or to their attorneys, by first-class mail within 3 business days from the date of the issuance of the order.

The proposed order or an accompanying letter shall notify the parties that they may file written exceptions with, and present arguments to, the administrative unit.

If no party files timely exceptions, the proposed order of the administrative unit shall become the final order.

Filing Exceptions.

The exceptions may include a request that the proposed order be modified or reversed, or that the case be remanded for the taking of additional testimony.

Upon receipt of exceptions to the proposed order, the administrative unit shall:

By written request to the administrative unit, a party may waive the right to a hearing on the written exceptions.

Unless a specific statute or regulation permits the hearing to be held before a panel of members of the unit, a quorum of the administrative unit shall be present at the hearing.

At the hearing on exceptions, the presiding officer shall rule on all procedural issues governed by this regulation, and may impose reasonable time limitations.

The record before an administrative unit on exceptions shall consist of:

A party wishing to have the transcript made part of the record, shall at its own expense order the transcript and file three copies of it with the administrative unit at least 10 days before the scheduled date for the hearing on exceptions. If a transcript has already been prepared, the administrative unit shall make the transcript part of the record in the case.

If the transcript has not been filed or otherwise made part of the record in the case, the parties at the hearing on exceptions may not refer to any testimony before the ALJ which was not incorporated into the ALJ's findings of fact or conclusions of law.

If all parties agree, a stipulation of facts based on the record before the ALJ may be submitted instead of a transcript.

Additional evidence may not be introduced unless the party seeking to introduce it demonstrates to the satisfaction of the administrative unit that the new evidence:

A party wishing to introduce additional evidence before an administrative unit at a hearing on exceptions shall file a written request at least 15 days before the scheduled date of the hearing.

The administrative unit shall issue its final order within 90 days after the date of the hearing on exceptions.

The administrative unit may affirm, reverse, or modify the proposed order, or may remand the matter with specific instructions to the Office of Administrative Hearings.

The administrative unit shall send a copy of the final order to the parties, or if represented by counsel to their attorneys, by first-class mail within 3 business days from the date of the issuance of the final order.

The final order or an accompanying letter shall advise the parties of their rights to judicial review of the decision.