Chapter 14. Procedure for Hearings in Contested Cases

These procedures apply to all contested cases within the Department except hearings conducted by the Motor Vehicle Administration under the procedures set forth in the Maryland Vehicle Law and hearings governed by special regulations or otherwise exempted by law from coverage.

These procedures do not apply to contested cases delegated to the Office of Administrative Hearings for the contested case hearing, except that the requirements of Regulations .11B and .12 of this chapter shall apply where final decision-making authority has not been delegated to the Office of Administrative Hearings.

In this chapter, the following terms have the meanings indicated.

Terms Defined.

In a contested case, all parties shall be afforded an opportunity for hearing after reasonable notice.

The hearing notice shall contain:

If approved in writing by the Chief Administrative Law Judge, the decision maker may designate a presiding officer who shall conduct the hearing and make written findings of fact and proposed conclusions of law.

The decision maker may also be the presiding officer.

A party may appear in proper person or be represented by counsel.

A corporation may be represented by an officer, agent, or attorney.

Evidence that possesses probative value commonly accepted by reasonable and prudent individuals in the conduct of the individuals' affairs may be admitted at a hearing.

Incompetent, irrelevant, immaterial, and unduly repetitious evidence may be excluded.

The presiding officer is not bound by technical rules of evidence.

Written statements may be submitted by parties before and at the hearing and for such period of time that the presiding officer may designate the record to remain open after the hearing.

A party may call witnesses and cross-examine opposing witnesses.

Witnesses and parties acting as witnesses shall be sworn or put upon affirmation to tell the truth.

The hearing shall be open to the public, unless otherwise provided by law.

Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.

Individuals, other than advisory staff or agency counsel who do not participate in the contested case hearing, may not communicate ex parte with the presiding officer or decision maker.

Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties who shall then have 10 days after notice of the communication within which to rebut them.

The decision maker may adopt, modify, or rewrite a presiding officer's findings of fact and proposed conclusions of law.

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 mailed to all parties. Parties adversely affected by the decision shall be afforded the opportunity, within 15 days after receipt of it, to file exceptions and present argument to the decision maker or the majority of them.

The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.

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.

Instead of a decision, a contested case may be disposed of by stipulation, settlement, consent order, default, withdrawal, summary disposition, or dismissal.

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.

The record, for purposes of appeal, in a contested case shall include:

Upon notice of appeal the record shall be transmitted promptly to the appropriate appellate tribunal but in any event within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.