Chapter 03. Motions
Regulation .01 In General.LinkCopy Citation
A.
Scope. Unless otherwise provided in this subtitle, this chapter governs all motions filed with the Secretary.
B.
When Authorized. Unless otherwise provided in this subtitle, a party may move for appropriate relief before or during a hearing.
Regulation .02 Motions Before Hearing.LinkCopy Citation
A.
To Be in Writing. Except as otherwise provided in this subtitle, all motions made before a hearing shall be submitted in writing.
B.
Filing and Service. The motion shall be filed with the Secretary and served on all parties at least 15 days before the hearing.
C.
Contents. The motion shall:
(1)
State concisely the question to be determined; and
(2)
Be accompanied by any necessary supporting documentation.
D.
Answer. An answer to a prehearing motion shall be filed and served on all parties by the earlier of:
(1)
15 days after receipt of the motion; or
(2)
The date of the hearing.
E.
Hearing on Motion.
(1)
On notice to all parties, the Secretary may schedule a hearing to consider a prehearing motion.
(2)
Failure of a party to attend a hearing scheduled to consider a prehearing motion may be grounds for a decision adverse to that party.
Regulation .03 Motions During Hearing.LinkCopy Citation
During a hearing, all motions shall be submitted orally.
Regulation .04 Motion to Dismiss.LinkCopy Citation
On motion of a party or on the Secretary's own initiative, the Secretary may issue a final decision dismissing a notice of agency action, an appeal of an agency action, or any other request for a hearing that fails to state a claim for which relief may be granted.
Regulation .05 Motion for Summary Decision.LinkCopy Citation
A.
In General. A party may move for summary decision on any appropriate issue in the case.
B.
Decision. The Secretary may grant a final summary decision if the Secretary finds that:
(1)
There is no genuine issue as to any material fact; and
(2)
The moving party is entitled to prevail as a matter of law.
Regulation .06 Ruling on Motion.LinkCopy Citation
A.
In General. Except as provided in §B of this regulation, the Secretary may:
(1)
Issue a written decision on a motion; or
(2)
State the decision on the record.
B.
Reserved Ruling.
(1)
The Secretary may reserve ruling on a motion until after the hearing.
(2)
If a ruling is reserved, the ruling shall be issued:
(a)
In a separate writing; or
(b)
As part of the Secretary's final decision.
C.
Effect of Ruling. All parties are bound by the Secretary's ruling notwithstanding their failure to attend a hearing.
Regulation .07 Time Limits Unaffected by Motion.LinkCopy Citation
The filing or pendency of a motion does not alter or extend any time limit otherwise established by law or this subtitle.
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)