# COMAR Title 09 — Maryland Department of Labor

## Subtitle 13 — Board for Professional Land Surveyors

### Chapter 02 — Hearing Regulations

**Authority:** Business Occupations and Professions Article, §§15-208(a) and 15-320, Annotated Code of Maryland

**Administrative History:** Effective date: August 25, 1978 (5:17 Md. R. 1328)

**Administrative History:** Regulations .01 and .02 General Hearing Regulations repealed and new Regulations .01—.03 Hearing Regulations adopted effective August 4, 2003 (30:15 Md. R. 991)

#### Regulation .01 Hearings Before the Board.

*COMAR 09.13.02.01*

A. Except as otherwise provided in §§B and C of this regulation, all contested case hearings before the Board shall be governed by COMAR 09.01.02.

B. The administrative unit shall send the hearing notice described in COMAR 09.01.02.07B:

  (1) At least 30 days before the hearing; or

  (2) If the parties have agreed to a date for which 30 days notice cannot be given, at the earliest time possible.

C. During the hearing, the presiding officer may recognize members of the Board or counsel to the Board to ask questions of witnesses or of counsel.

D. The Board may call witnesses of its own or recall witnesses to elicit facts or opinions.

#### Regulation .02 Hearings Delegated to the Office of Administrative Hearings.

*COMAR 09.13.02.02*

All contested case hearings delegated to the Office of Administrative Hearings shall be governed by COMAR 09.01.03.

#### Regulation .03 Complaint Committee.

*COMAR 09.13.02.03*

A. The presiding officer shall appoint one professional Board member and one consumer Board member to constitute the complaint committee.

B. The complaint committee shall:

  (1) Review all complaints filed with the Board; and

  (2) Make a recommendation to the full Board on the disposition of each matter.

C. Before making a recommendation on a complaint, the complaint committee may request that the Department perform an investigation to obtain additional information. After receipt of this information, the committee shall make a recommendation to the full Board.