# COMAR Title 11 — Department of Transportation ## Subtitle 01 — Office of the Secretary ### Chapter 05 — Board of Review of the Department of Transportation **Authority:** Transportation Article, §§2-505 and 2-506, Annotated Code of Maryland **Administrative History:** Effective date: January 15, 1973 **Administrative History:** Regulation .03A amended effective August 6, 1990 (17:15 Md. R. 1860) **Administrative History:** Regulation .04 amended effective August 6, 1990 (17:15 Md. R. 1860); August 28, 1995 (22:17 Md. R. 1319) **Administrative History:** Regulation .05 amended effective August 28, 1995 (22:17 Md. R. 1319) **Administrative History:** Regulation .07C amended effective August 6, 1990 (17:15 Md. R. 1860) **Administrative History:** Regulation .08 amended effective August 28, 1995 (22:17 Md. R. 1319) **Administrative History:** Regulation .09 repealed and new Regulation .09 adopted effective August 28, 1995 (22:17 Md. R. 1319) #### Regulation .01 Meetings; Quorum; Votes. *COMAR 11.01.05.01* The Board shall meet for hearings and other purposes at the call of the Chairman. Unless otherwise designated by the Chairman, meetings shall be held at the headquarters building of the Department of Transportation. Five members shall constitute a quorum for the hearing of appeals. Four members shall constitute a quorum for all other meetings. Decisions shall be by a majority vote of those present. #### Regulation .02 Vice-Chairman; Acting Chairman. *COMAR 11.01.05.02* At the first meeting of the Board in each calendar year, the Board shall elect a Vice-Chairman to serve until his successor has been elected. The Vice-Chairman shall preside at meetings as acting chairman in the absence of the Chairman, and shall perform all the functions and shall have all the powers of the Chairman in the event of the absence from the State or the disability of the Chairman. Any other member of the Board may be designated as temporary acting chairman by the Chairman or, in his absence, by the Vice-Chairman. #### Regulation .03 Scope of Review. *COMAR 11.01.05.03* A. Pursuant to Transportation Article, §2-505(b), Annotated Code of Maryland, the Board shall hear and determine appeals from the adoption of regulations by the Secretary of Transportation or by any administration or other agency within the Department. Regulations subject to review shall be as defined in State Government Article, §10-101(e), Annotated Code of Maryland. As set forth in State Government Article, §10-125, Annotated Code of Maryland, a complainant may initiate the appeal procedure when it appears that the regulation or its threatened application interferes with or impairs, or threatens to interfere with or impair, the legal rights or privileges of the complainant. B. The appeal shall be based upon the allegation that the regulation violates constitutional provisions, exceeds the statutory authority of the agency, or was adopted without compliance with statutory promulgating procedures. C. In addition, the Board shall hear and determine appeals from those actions or failures to act by any administration or agency within the Department of Transportation for which the Secretary, by regulation, provides for review by the Board. #### Regulation .04 Initiation of Review by Promulgating Authority: Complaint. *COMAR 11.01.05.04* A. A complainant seeking to appeal the adoption of a regulation, within the meaning of State Government Article, §10-101(e), Annotated Code of Maryland, by the Secretary of Transportation or by any administration or agency within the Department, shall first file a complaint in writing to the chief executive officer of the administration or other agency which has promulgated the regulation, within 30 days after the complainant knows, or with the exercise of ordinary diligence should have known, that the complainant is aggrieved. B. Unless an extension of time has been agreed upon by the parties, the chief executive officer of the administration or agency shall render a decision within 30 days of the filing of the complaint. C. A copy of the decision shall be sent to the complainant by certified mail, return receipt requested. #### Regulation .05 Initiation of Review by the Board: Appeal. *COMAR 11.01.05.05* A. Appeals to the Board of Review shall be filed with the Board within 30 days after the complainant has received a copy of the decision as provided for in Regulation .04 of this chapter. B. If no decision on the complaint has been sent to the complainant, an appeal may be filed within 30 days from the time the decision should have been made pursuant to Regulation .04 of this chapter. C. The Board, for good cause shown, may extend the time within which an appeal shall be filed, if a motion for the extension is filed with the Board within 30 days from the time a filing of an appeal is required by this regulation. #### Regulation .06 Appeal Docket; Time and Place of Hearings; Notice. *COMAR 11.01.05.06* A. When an appeal of a regulation has been filed with the Board of Review, The Board shall docket the appeal in its docket book which shall be available for public inspection during regular business hours. B. Appeals shall be assigned for hearing by the Chairman, and, insofar as feasible, in the sequence in which they are filed, provided that appeals filed with inadequate information may not be assigned for hearing until the appeal information has been satisfactorily completed. The Chairman may advance the date for hearing of any appeal or postpone the hearing date. Dates of hearing shall be noted on the docket. C. The Board shall give notice of the date and place of hearing by certified mail, receipt requested, to the complainant and any other parties appearing on the Board's docket, not more than 30 days or less than 15 days before the date of hearing. The Chairman may designate additional means of notice in any case. D. Appeals set for hearing on a particular day shall be heard in the order designated by the Chairman. Appeals not heard on the day set, or not concluded on the day set, shall be reset or continued to a future day. If the day to which the appeal is reset or continued is announced at the hearing meeting, it is not necessary to give further notice of the date of hearing to which the appeal is continued. #### Regulation .07 Conduct of Hearings. *COMAR 11.01.05.07* A. Hearings shall be conducted generally in the following order: (1) Call of the case by the presiding officer; (2) Disposition of any preliminary matters; (3) Opening statements of the parties; (4) Presentation of evidence in the following order: (a) Complainant, (b) Interested administrative officers, (c) Other parties, (d) Rebuttals in the same order; (5) Closing arguments. B. The Board may limit the time allowed for opening statements and closing arguments. C. If applicable, the Board shall in all respects be governed by the provisions of the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland. In the event of any conflict between the regulations of the Board and the Act, the provisions of the Act shall supersede. #### Regulation .08 Forms and Content of Appeal Before the Board of Review. *COMAR 11.01.05.08* Appeals shall be filed in the following form or in a form substantially similar to this form: (FORM) BEFORE THE BOARD OF REVIEW OF THE DEPARTMENT OF TRANSPORTATION (Name and Address) (Complainant) Vs. (Official or Administration appealed from See Rule 4.) (Respondent) APPEAL NO. 1. _______________ (Name), Complainant, appeals from: (Here set forth the decision made by the Administrator when requested by complainant to review a regulation promulgated by his Administration, or the failure of the Administrator to render a decision. Included also shall be a statement that the complainant has complied with the requirements of Regulation .04.) 2. The issue involved in this appeal is: (Here set forth, in sufficient detail, the grounds upon which the appeal is subject to review by the Board under Regulation .03 the grounds upon which the Regulation is challenged, and the alleged error of the respondent.) 3. Complainant also desires to state as follows: (Here set forth any other comments or matters complainant believes are proper, necessary, or desirable to include in this notation of appeal.) 4. List the name, address, and telephone number of each complainant. #### Regulation .09 Pleadings and Motions in Appeals; Service; Parties. *COMAR 11.01.05.09* A. Answer. The respondent in an appeal shall file an answer to the appeal and an interested individual may file an answer to the appeal. B. Pleadings and Motions. (1) A party may file motions or other pleadings. (2) Each party's name, address, and telephone number, or that of the party's counsel, shall be stated on each motion or pleading. (3) The form and content of pleadings, except as otherwise set forth in these regulations, shall be generally in accordance with the practice in the courts in this State. C. Service. After the filing of the appeal, the answer and all motions and pleadings shall be served on all parties appearing on the docket. D. The Board may act on matters before or at the hearing or after the hearing. #### Regulation .10 Practice in Appeals. *COMAR 11.01.05.10* Any person may appeal to the Board in proper person or by an attorney admitted to practice before the Court of Appeals of Maryland, in good standing, representing the complainant. At the hearing, any party may proceed in proper person, or by the attorney. Corporations may appeal and proceed at the hearing by the attorney or by an officer of the corporation duly authorized to do so by a resolution of the board of directors of the corporation (or in a close corporation with no board of directors by the stockholders or sole stockholder in accordance with its charter) filed with the Board. Unless the resolution has been filed, the Board may not accept an appeal signed by the corporate officer or permit the corporate officer to proceed at the hearing. #### Regulation .11 Transcript Record in Appeals. *COMAR 11.01.05.11* A stenographic record or sound tape record shall be taken in each appeal. It is not necessary to transcribe the record unless so ordered by the Chairman or the Board. Any party may order a transcript at the expense of that party, and any party taking an appeal to the courts shall order and obtain a transcript at the expense of the party so appealing. The Board may require a party granted a rehearing to order and obtain a transcript at the expense of that party. Whenever a transcript is made, a copy shall be deposited with the secretary of the Board.