<?xml version='1.0' encoding='utf-8'?>
<chapter num="17" heading="Emergency Powers of Chairman of the Commission" title_num="14" subtitle_num="09">
  <regulation prefix="Regulation" num=".01" heading="Scope.">
    <paragraph num="A.">
      <text>Generally. This chapter applies to situations in which the Governor has declared an emergency pursuant to Public Safety Article, Title 14, Annotated Code of Maryland, and the emergency or directives issued by the Governor pursuant to the emergency significantly affect access to or the operations of one or more Commission hearing locations or other Commission facilities or the ability of the Commission to operate effectively.</text>
    </paragraph>
    <paragraph num="B.">
      <text>Other Events Affecting the Commission. The authority granted specifically by this chapter generally also may be exercised, to the extent necessary, by the Chairman of the Commission in the event of a natural or other event that significantly disrupts access to or the operations of one or more Commission hearing locations or other Commission facilities or the ability of the Commission to operate effectively, but for which the Governor has not declared an emergency pursuant to Public Safety Article, Title 14, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Supplemental; Conflict. The provisions of this chapter are in addition to and supplemental to the authority of the Commission granted elsewhere in this subtitle, but, to the extent of any conflict with other provisions of this subtitle, any authority provided in this chapter shall prevail.</text>
    </paragraph>
  </regulation>
  <regulation prefix="Regulation" num=".02" heading="Coordination with Governor and Chief Judge of the Court of Appeals.">
    <text>Upon the declaration of any emergency by the Governor pursuant to Public Safety Article, Title 14, Annotated Code of Maryland,  the Chairman of the Commission, directly or through designees, shall, to the extent practicable, consult with the Governor, the Governor’s designees, the Maryland Emergency Management Agency, other Executive Branch officials, and, as appropriate, the Chief Judge of the Court of Appeals, in order to coordinate Executive and Judicial Branch responses to the emergency as they relate to operations of the Commission.</text>
  </regulation>
  <regulation prefix="Regulation" num=".03" heading="Authority of Chairman.">
    <paragraph num="A.">
      <text>Generally. Upon a determination by the Chairman of the Commission that an emergency or other event within the scope of Regulation .01 of this chapter significantly affects access to or the operations of one or more Commission hearing locations or other Commission facilities or the ability of the Commission to operate effectively, the Chairman, by Administrative Order, may, to the extent necessary:</text>
      <paragraph num="(1)">
        <text>Suspend the operation of rules or regulations that cannot be implemented as intended because of the emergency;</text>
      </paragraph>
      <paragraph num="(2)">
        <text>Direct that hearings or meetings be conducted remotely by electronic means, video or telephone, if existing facilities become inaccessible or unusable;</text>
      </paragraph>
      <paragraph num="(3)">
        <text>Identify and direct the use of alternative locations to conduct Commission business if existing facilities become inaccessible or unusable;</text>
      </paragraph>
      <paragraph num="(4)">
        <text>Transfer cases pending in one hearing location that becomes inaccessible or unusable to any other hearing location;</text>
      </paragraph>
      <paragraph num="(5)">
        <text>Permit claims or documents to be filed in alternate locations or by alternative means if the normal location, that is, Baltimore City, is not reasonably accessible or usable;</text>
      </paragraph>
      <paragraph num="(6)">
        <text>Suspend, toll, or grant relief from time deadlines or filing requirements that otherwise would expire when there is no practical ability of a party to comply with the deadline or seek other relief;</text>
      </paragraph>
      <paragraph num="(7)">
        <text>Triage claims or issues and categories of claims or issues with respect to expedited treatment;</text>
      </paragraph>
      <paragraph num="(8)">
        <text>Suspend any Commission business not deemed essential;</text>
      </paragraph>
      <paragraph num="(9)">
        <text>Designate other Commissioners or recall Commissioners or Commission officials to implement directives entered by the Chairman or the Governor; and</text>
      </paragraph>
      <paragraph num="(10)">
        <text>Take any other appropriate action necessary to assure that essential Commission business is effectively handled by the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="B.">
      <text>Duration; Compatibility with Governor’s Directives. The authority granted in §A of this regulation may be implemented only as necessary during the emergency or its immediate aftermath and, if exercised following an emergency declared by the Governor, shall be compatible with directives and orders issued by the Governor. Promptly upon termination of the emergency, the Chairman shall review all directives issued pursuant to §A of this regulation and determine a reasonable schedule for the rescission of those directives.</text>
    </paragraph>
    <paragraph num="C.">
      <text>Chairman Unavailable. During any period in which the Chairman is unavailable to exercise the authority granted in §A of this regulation, that authority may be exercised by the Commissioner on the Commission most senior in length of service on the Commission, unless the Chairman has designated another Commissioner on the Commission to exercise that authority or the Governor has designated another Commissioner on the Commission to serve as Acting Chairman during that period.</text>
    </paragraph>
    <paragraph num="D.">
      <text>Notice and Posting of Directives. To the extent practicable, a copy of all directives and orders issued under §A of this regulation following a declaration of emergency by the Governor shall be sent to the Governor and shall be posted on the Commission website. Notices may be sent electronically and may be posted through Commission social media accounts as appropriate.</text>
    </paragraph>
  </regulation>
  <annotations>
    <annotation type="Authority">Labor and Employment Article, §§9-105(f), 9-206(d), 9-302(f)(7), 9-309(a), 9-311(c),9-314(b), 9-316(g)(2), 9-402.1(j), 9-404(a), 9-663(a)(1) and (2), 9-6A-04, 9-6A-07, 9-6A-11, 9-6A-16,9-701, 9-720(a), and 9-721(a), Annotated Code of Maryland</annotation>
    <annotation type="History" subtype="Administrative History">Effective date:</annotation>
    <annotation type="History" subtype="Administrative History">Regulations .01—.03 adopted as an emergency provision effective March 13, 2020 (47:9 Md. R. 475); adopted permanently effective July 16, 2020 (47:14 Md. R. 675)</annotation>
    <annotation type="History" subtype="Administrative History">Regulation .03A, D amended effective October 18, 2021 (48:21 Md. R. 890)</annotation>
  </annotations>
</chapter>