This chapter applies to proceedings before agencies of the Department of Public Safety and Correctional Services if an issue concerning the legal rights, duties, statutory entitlements or privileges of a party is required by law or constitutional right to be determined by a hearing. This chapter does not apply to: Personnel grievance hearings; Conferences; Informal investigations; Proceedings before agencies that have adopted regulations governing that agency's hearings; or Other proceedings in which hearings are not required by law. In this chapter, the following terms have the meanings indicated. Terms Defined. “Agency” has the meaning stated in COMAR 12.11.02.02B. “Agency head” has the meaning stated in COMAR 12.11.02.02B. “Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland. “Department” has the meaning stated in COMAR 12.11.02.02B. Party. “Party” means a person, an agency, or another entity involved in the contested case. “Party” includes any other person, agency or legal entity which may be substantially affected by the outcome of the contested case. “Presiding officer” has the meaning stated in State Government Article, §10-202(g), Annotated Code of Maryland. The presiding officer shall be: The agency head or designee of the agency involved; or An individual specifically designated by law. The presiding officer shall have authority over the proceedings related to examining witnesses, admissibility of evidence, and other activities that are part of the hearing process under State Government Article, §§10-210—10-221, Annotated Code of Maryland. An agency shall provide each party an opportunity to be heard in a contested case. The presiding officer shall provide each party written notice of a hearing mailed not less than 10 days before the date of the hearing. The presiding officer shall include in the notification of a hearing the information required under State Government Article, §10-208, Annotated Code of Maryland. The presiding officer may postpone a hearing upon written request by any party. Postponements may be granted for reasons satisfactory to the presiding officer. The presiding officer shall notify each party of the postponement and the new hearing date. A party may: Appear in person to the extent permitted by law; or Be represented by an attorney licensed to practice law in Maryland. If a party or the party's attorney does not appear for the hearing and the presiding officer gave notice as required, the presiding officer may: Postpone the hearing under Regulation .05 of this chapter; or Proceed upon the evidence and testimony submitted by those present. Testimony and Evidence. The presiding officer shall conduct the hearing as it relates to testimony and evidence according to the rules under State Government Article, §§10-213 and 10-214, Annotated Code of Maryland. Testimony shall be under oath. The oath shall be: “Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the agency shall be the truth, the whole truth, and nothing but the truth?” The presiding officer shall require that a record is made of each hearing. The record shall include the information required under State Government Article, §10-218, Annotated Code of Maryland. The presiding officer shall use electronic equipment or a stenographer to record a hearing. The presiding officer shall have a transcript of all or part of the oral proceedings prepared upon the request of, and the advance payment of the cost by, a party. Following the hearing, the presiding officer may allow or require memoranda or briefs on the issues of fact and law involved in the contested case. Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer. The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute. The presiding officer shall: Prepare the final decision in writing or state it in the record; If the final decision is in writing, forward a copy to each party or to the party's attorney; Include findings of fact and conclusions of law, separately stated; and Include procedures and time limits for filing exceptions. If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland. Request for Reconsideration. Each party may request reconsideration of a final decision. The party shall: Direct the request to the presiding officer who made the decision; File the request within 10 days after receipt of the final decision; and State the grounds for reconsideration. The presiding officer deciding the case shall determine to grant or deny the request, in whole or in part, within 30 days of receipt of a request for reconsideration. A request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision. If reconsideration is granted, the presiding officer shall issue an order providing for reconsideration and staying the decision under reconsideration. A presiding officer may conduct a hearing under this chapter to consider further evidence or argument upon the matters being reconsidered. After reconsideration, the presiding officer shall: Issue a written order affirming, modifying, or rescinding the original decision; and Immediately forward a copy of the order to each party or each party's attorney. Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §§10-222 and 10-222.1, Annotated Code of Maryland, or as otherwise provided by law. Request for Stay. A party seeking judicial review of a final decision may request a stay of the decision pending judicial review. A party making a request for a stay shall: File the request with the agency within 15 days of the date of the decision; Include the reason for the stay; Include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review; and Serve a copy of the request on each party to the contested case. A request for a stay may not extend the time for filing an appeal. The presiding officer may grant or deny a request for a stay with or without a hearing. The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney. A party to a contested case may seek civil enforcement of an administrative order by filing a petition in the appropriate circuit court. State Government Article, Title 10, Subtitle 2; Correctional Services Article, §2-109; Annotated Code of Maryland Effective date: August 13, 1984 (11:16 Md. R. 1393) Chapter revised effective April 12, 2004 (31:7 Md. R. 585)