This chapter applies to hearings before the Administration or its designee. These procedures are intended to supplement the procedures required by law under State Government Article, §10-201 et seq., Annotated Code of Maryland. They are not to be construed as creating rights not set out by law. In the event of conflict, statutory provisions take precedence over this chapter. The right to a hearing under this regulation is granted to a licensee, registrant, agent, owner, or selected applicant that has been subject to an action by the Administration other than a notice of intent to summarily suspend or summary suspension as set forth in COMAR 14.17.14.05. In this chapter, the following terms have the meanings indicated. Terms Defined. “Final decision maker” means: The Administration’s hearing officer; or A designee for the purpose of rendering a final decision in a contested case. “Final decision order” means a final ruling in a contested case that is adverse to a party and which shall comply with the requirements of State Government Article §10-221 et seq., Annotated Code of Maryland. “Hearing” means a contested case hearing as defined by the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland. “Hearing officer” means the individual designated to preside over an evidentiary hearing in a contested case. “Notice of agency action” means a document issued by the Administration, including: Granting a license or registration; Denying a license or registration; Letter of non-compliance; Issuance of a fine; Remedial action certification; Issuance of administrative charges; or Revocation. “Party” means a licensee, registrant, selected applicant, or the Administrative Prosecutor. The Administration shall provide notice of agency action and a statement of the right to a hearing required by law when it takes an agency action. The notice shall contain the information required by State Government Article, §§10-207 and 10-208, Annotated Code of Maryland. The Administration may delegate hearing authority under State Government Article, §10-205, Annotated Code of Maryland, and any delegated hearings shall be conducted in accordance with this chapter. A party may file a request for a hearing within 30 days of the date of the notice of agency action. If a party does not submit a request for a hearing within the 30-day period, the agency action becomes final and is not subject to appeal. The Administration may delegate a contested case regarding Administration determination to the Office of Administrative Hearings, as permitted and consistent with State Government Article, §10-205, Annotated Code of Maryland. A hearing officer shall consider a request for postponement only if the requesting party can establish good cause for the postponement. Except as provided in §D of this regulation, a request for postponement shall be made in writing and be received by the Administration no fewer than 5 business days before the scheduled hearing. The hearing officer may require documentation of the reasons for the postponement request from the party. Emergency Request for Postponement. For purposes of this paragraph, “emergency” means a sudden, unforeseen occurrence requiring immediate attention which arises within 5 business days of the hearing. In an emergency, a request for postponement may be made by telephone. The hearing officer may require documentation of the reasons for the emergency postponement request from a party. Before a hearing, the hearing officer may: Hold a prehearing conference; and Review or request materials relevant to the proceedings. If all parties agree at a prehearing conference, a hearing officer may dispose of an issue by stipulation or settlement stating whether the disposition is with or without prejudice. Case Resolution. The Administration may initiate a case resolution process with parties after administrative charges have been filed or upon the request for a hearing. Any cases that are not resolved through case resolution shall proceed to a hearing in accordance with this chapter. After receipt of a timely request for a hearing, the Administration shall schedule a hearing as soon as practicable. The hearing officer or their designee shall notify the party: Of the date, time, and location of hearing; Of the statutory and regulatory authority of the Administration’s action or proposed action; That the party may present witnesses and documents at the hearing; That the failure to appear for the scheduled hearing may nonetheless result in a final decision or order issued by the final decision maker; Of any applicable deadlines for submission of a prehearing statement, motion, or exchange of hearing exhibits; and If the hearing is by telephone, video, or other electronic means, of instructions on how to appear for the hearing. Upon request by a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language, the Administration shall provide a qualified interpreter during the proceeding in which the party, witness, or representative is participating as required by the Americans with Disabilities Act. Unless otherwise provided by law: An initial pleading is deemed to be filed on the earlier of the date that a request for hearing, along with all required fees, necessary documents, and other information, is postmarked or received by the Administration, if required to be filed with the Administration; Other pleadings are deemed to be filed on the earliest of the date on which they are addressed to the Administration and postmarked; and Non-postmarked documents delivered or electronically transmitted to the Administration after 5 p.m. are deemed to be filed on the Administration’s next business day. Procedures. The Administration shall record all hearings and provide a copy of that recording upon request. A party may produce witnesses and documents in support of the party’s position. Written Subpoenas. A party may request that the hearing officer issue subpoenas for witnesses or documents necessary for the hearing. A party shall make the request in writing, no later than 21 days before the hearing, explaining why the subpoena is necessary. The hearing officer may: Question any witnesses; In accordance with State Government Article, §10-219(a), Annotated Code of Maryland, consult with any employee of the Administration before making a decision in a case; or Decline to issue the subpoena. Evidence. The hearing officer shall consider evidence of the type and in the manner prescribed by State Government Article, §10-213, Annotated Code of Maryland. Copies of documents may be admitted, although the Administration’s hearing officer may require production of originals. The Administration shall retain documentary or other evidence for at least 60 days after a final order has been issued and all appeal rights have been exhausted or waived. The evidence may then be destroyed unless the owner or person producing it makes a written request for its return. Burden of Proof. The standard of proof in a hearing shall be a preponderance of evidence. In the hearing of a contested case involving allegations that a party violated a law or regulation, the Administration shall bear the burden of proof that the party committed the violations that resulted in the Administration’s action against the party. In the hearing of a contested case resulting from the denial, or proposed denial, of a license, registration, or permit, the applicant shall have the burden of establishing the applicant's entitlement to the license, registration, or permit. In the hearing of a contested case resulting from an advertisement alleged to not comply with the requirements of Alcoholic Beverages and Cannabis Article, §§36-903(a)(1)(iv), Annotated Code of Maryland, there is a rebuttable presumption that the advertisement at issue is prohibited unless or until a respondent demonstrates that it is permissible. Construction. In hearings conducted by an Administrative Law Judge of the Office of Administrative Hearings, COMAR 14.17.22, et seq shall whenever possible be construed as supplementing and in harmony with COMAR 28.02.01. In the event of a conflict between COMAR 14.17.22 et seq. and COMAR 28.02.01, this subtitle shall apply. Hearings Conducted by Electronic Means. A hearing officer may conduct all or part of a hearing by telephone, video conferencing, or other electronic means, with the consent of all parties. All substantive and procedural rights applicable to hearings described in this regulation apply to telephone, video, or other electronic hearings, subject only to the limitations of the physical arrangement. For a telephone, video, or other electronic hearing, a party shall provide documentary evidence to be offered to all parties so that each party and the hearing officer receive it within the time specified by the hearing officer or, if not specified, no less than 15 days before the scheduled hearing. For a telephone, video, or other electronic hearing, the following may be considered a failure to appear and result in the assessment or denial of the application for refund becoming final and not subject to appeal: Failure to answer the telephone for 15 minutes from the time set for the hearing; Failure to free the telephone for a hearing; Any other failure without good cause to be ready to proceed with the hearing as scheduled. A Notice of Agency Action becomes a final decision or order if a request for a hearing is not made timely. The Administration may delegate to an Administrative Law Judge responsibility to make: Proposed findings of fact; Proposed findings of fact and proposed conclusions of law; or Proposed findings of fact, proposed conclusions of law, and proposed disposition. If the Administration does not preside over hearing, it may make changes, modifications, or amendments to the proposed decision in accordance with State Government Article, §10-216, Annotated Code of Maryland. The notice of final determination issued by an Administration hearing officer shall summarize: Findings of fact and conclusions of law; Any adjustments to the determination of fines or penalties and the reasons for the Administration’s action; The deadline for payment of a fine or penalty; and In the case that the Administration orders a suspension or revocation of a license as a result of a hearing, the reason for the Administration's action. The final determination exhausts all administrative remedies. The hearing officer shall create and maintain a record that includes the information set forth in State Government Article, §10-218, Annotated Code of Maryland. A party may appeal the final determination of the Administration to a Maryland circuit court if done so within 30 days of receipt of the final determination. For purposes of an appeal, the venue in the Circuit Court of Anne Arundel County shall be proper as that is where the Administration resides and carries on its regular business. Alcoholic Beverages and Cannabis Article, §36-202, Annotated Code of Maryland Effective date: Regulations .01—.12 adopted as an emergency provision effective July 1, 2023 (50:14 Md. R. 559); emergency status expired June 30, 2024 Regulations .01—.12 adopted as an emergency provision effective June 7, 2024 (51:14 Md. R. 676) Regulations .01—.12 adopted effective July 22, 2024 (51:14 Md. R. 678) Regulation .01A amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .02B amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .06C amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .07B, C amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .09 amended effective April 14, 2025 (52:7 Md. R. 324) Regulation .10 amended effective April 14, 2025 (52:7 Md. R. 324)