Chapter 01. Definitions; General Provisions
Regulation .01 Definitions.LinkCopy Citation
A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Administrative law judge” has the meaning stated in COMAR 28.02.01.
(2)
“Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland.
(3)
“Filed” means, unless otherwise indicated in this chapter, when the document is:
(a)
Received by the Secretary or, if earlier, postmarked; and
(b)
If required, served on the other parties to the proceeding.
(4)
“Hearing” means a hearing to determine a contested case.
(5)
“Party” means a person or agency, including the Department, named or admitted to participate in a hearing.
(6)
“Person” includes a governmental entity or an instrumentality or unit of a governmental entity.
Regulation .02 Scope.LinkCopy Citation
A.
In General. This subtitle applies to contested-case hearings before the Secretary of Juvenile Services.
B.
Hearings by Office of Administrative Hearings.
(1)
In hearings conducted by an administrative law judge of the Office of Administrative Hearings (OAH), these regulations shall be construed, whenever possible, in harmony with COMAR 28.02.01.
(2)
In the event of conflict between these regulations and COMAR 28.02.01, these regulations control.
Regulation .03 Delegation of Hearing Authority.LinkCopy Citation
The Secretary may delegate all or part of the authority to hear a contested case to the OAH.
Regulation .04 Revocation of Delegation.LinkCopy Citation
A.
Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:
(1)
Involve novel or unanticipated factual or legal issues;
(2)
Have significant social or fiscal consequences;
(3)
Involve policy issues of general applicability; or
(4)
Be likely to have precedential value.
B.
Timing. The revocation may be made at any time before the earlier of:
(1)
The issuance of a ruling on a substantive issue; or
(2)
The taking of oral testimony from the first witness.
C.
Notice.
(1)
The Secretary shall provide written notice of a revocation to all parties and the OAH.
(2)
The written notice shall:
(a)
Contain a brief statement of the reason for the revocation;
(b)
Specify whether all or part of the delegation to hear the case is revoked; and
(c)
If less than all of the delegation is revoked, specify the parts of the contested case for which the delegation has been revoked.
D.
Decision; Record.
(1)
The Secretary's subsequent decision in the case shall reflect the fact that delegation to the OAH was revoked.
(2)
A copy of the revocation notice shall be made a part of the record.
Regulation .05 Time Modifications and Waivers.LinkCopy Citation
A.
By Secretary. The Secretary may modify or waive any time limit established by this subtitle.
B.
By Administrative Law Judge. An administrative law judge may not modify or waive any time limit established by this subtitle except with the consent of all parties or the Secretary.
Regulation .06 Service.LinkCopy Citation
A.
Required. A copy of any notice, order, pleading, motion, response, correspondence, decision, paper, or other document filed in a proceeding shall be served promptly on all other parties to the proceeding or, as authorized or required by COMAR 16.02.02.06, their respective authorized representatives.
B.
Manner. Unless otherwise required by law, service shall be made by personal delivery or by regular mail.
C.
Permittees, etc. Service on a party to whom a permit, license, or certification has been issued by the Department may be made by delivering a copy to the last address provided by that party to the Department.
D.
Proof of Service.
(1)
Every paper or document filed in a proceeding, other than one filed by or on behalf of the Secretary, shall contain or be accompanied by a certificate of service.
(2)
The certificate of service shall:
(a)
Be signed by or on behalf of the party filing the paper or document; and
(b)
Specify the:
(i)
Date of service;
(ii)
Manner of service;
(iii)
Name of each person served; and
(iv)
Address at which each person was served.
Regulation .07 Consolidation.LinkCopy Citation
A.
When Authorized. When proceedings involving a common question of law or fact are pending before the Secretary, the Secretary may consolidate the proceedings pursuant to a motion or on the Secretary's own initiative.
B.
Special Procedures. If the consolidated proceedings involve different parties or burdens of going forward or persuasion, the Secretary may specify special procedures to assure an expeditious and just proceeding.
Regulation .08 Default.LinkCopy Citation
A.
In General. If, after receiving notice, a party fails to attend or participate in a prehearing conference, a hearing, or any other stage of a proceeding, the Secretary may:
(1)
Proceed in that party's absence;
(2)
Continue the matter to a later time; or
(3)
Issue a default order against that party.
B.
Motion to Vacate or Modify Default Order. Within 30 days after issuance of a default order, the party in default may file a written motion requesting that the order be vacated or modified.
C.
Grant of Motion. The Secretary may grant the motion and vacate or modify the default order if the Secretary finds that:
(1)
There is a substantial and sufficient basis for an actual controversy on the merits; and
(2)
It is equitable to excuse the default.
D.
Default Order as Final Decision. If a motion is not timely filed or if a motion is filed and denied, the default order is final and effective.
Regulation .09 Dismissal for Lack of Prosecution.LinkCopy Citation
A.
When Action Becomes Subject to Dismissal.
(1)
In this section “docket entry”:
(a)
Means filing a pleading, requesting a hearing date, or scheduling a proceeding; and
(b)
Does not include the entry or withdrawal of an appearance, case status reports, or other inquiries.
(2)
At the expiration of 6 months from the last docket entry, an action may be dismissed for lack of prosecution.
B.
Initiation; Notice. On request of a party or on the Secretary's own initiative, the Secretary shall notify all parties that an order of dismissal for lack of prosecution will be entered after the expiration of 30 days from the notice, unless a motion is filed under §C of this regulation.
C.
Motion and Deferral. On motion filed within 30 days of the notice and for good cause shown, the Secretary may defer entry of an order of dismissal for the period and on the terms the Secretary considers proper.
D.
Entry of Order. If a motion is not timely filed or if a motion is filed and denied, the Secretary shall issue an order of dismissal.
Chapter annotations
Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland
History: Effective date: June 18, 2007 (34:12 Md. R. 1067)