This chapter does not apply to hearings that are conducted by a judge under COMAR 22.06. In this chapter, the following terms have the meanings indicated. Terms Defined. “Board Secretary” means the Secretary for the Board of Trustees. “Claimant” means a participant or a participating employer that has filed a request for a hearing. “Contested case” has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland. “Administrative Committee” means the Administrative Committee of the Board of Trustees. “Hearing” means a contested case hearing as defined by the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. “Judge” means an administrative law judge at the Office of Administrative Hearings. “Office” means the Office of Administrative Hearings established as a unit of State government within the Executive Branch responsible for conducting hearings under State Government Article, Title 9, Subtitle 16, Annotated Code of Maryland. Party. “Party” means the Retirement Agency or the claimant whose rights are being adjudicated under this chapter. “Party” includes a participant or participating employer who is permitted to intervene in a contested case in accordance with COMAR 28.02.01.15. This chapter supplements the notice and hearing requirements of the: Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and Regulations issued by the Office in COMAR 28.02.01. In the event of a conflict with COMAR 28.02.01, the provisions set forth in this chapter control the conduct of a hearing under this chapter. In accordance with General Provisions Article, §3-103(a)(1)(iii), Annotated Code of Maryland, a hearing before the Board of Trustees or Administrative Committee is a quasi-judicial function to which the Open Meetings Act does not apply. This subtitle shall be construed liberally to ensure the fair and expeditious determination of every contested case. Unless otherwise provided, a notice that the Retirement Agency must mail or file under this subtitle shall be: Made in writing; and Sent to the claimant at the claimant's address on file at the Retirement Agency by: First class mail, postage prepaid, or Personal delivery. Whenever a claimant is required to take some action or make an election within a required period after the date of the notice, 3 days shall be added to the required period, if delivery of the notice is made by first class mail. Whenever a claimant is required to take some action or make an election under this subtitle, the request or election shall be: Made in writing; and Sent by first class mail, postage prepaid, to the State Retirement Agency, 120 East Baltimore Street, Baltimore, Maryland 21202, Attention: Executive Director. Time Limitations. A petition for hearing shall be filed within 180 days of the date of the Retirement Agency’s written notice pursuant to State Government Article, §10-207, Annotated Code of Maryland. In a contested case, a claimant may request a hearing by submitting a petition for a hearing to the Executive Director within the time limitations specified in Regulation .06B of this chapter. The petition shall: Be in writing; Include: The name, address, and telephone number of the claimant, If the claimant is an individual, the last four digits of the claimant’s Social Security number or other information that is sufficient to verify the identity of the individual; and The name, address, and telephone number of the claimant's attorney, if any; Describe the claimant's interest in the matter for which the claimant is petitioning for a hearing; Contain; A simple and concise statement of the question or controversy, A statement of the relief requested from the Board of Trustees; and A summary of the Retirement Agency's decision on the question or controversy; and Include an affirmation by the claimant, under oath, that the facts contained in the petition are true to the best of the claimant's knowledge, information, and belief. Review of Petition for Hearing by Executive Director. Upon receipt of a petition for hearing, the Executive Director shall: Upon receipt of a petition for hearing, the Executive Director shall: Reject the claimant’s petition if it does not fulfill all requirements of §B of this regulation; Refer the claimant’s petition for a hearing as provided under Regulation .08 or .09 of this chapter; Refer the claimant’s petition for a summary decision in accordance with §D of this regulation; or By agreement of all parties, refer the claimant’s petition for alternate dispute resolution in accordance with §E of this regulation. If the Executive Director rejects a timely petition for hearing because it does not fulfill all requirements of §B of this regulation, the Executive Director shall send a written notice to the claimant that: Advises the claimant of the deficiencies of the submission; and Gives the claimant leave to submit an amended petition that corrects the deficiencies within the later of the time period specified in Regulation .06B of this chapter, or 45 days after the date of the Executive Director’s written notice. Summary Decision by the Board of Trustees. Hearing Notice. The Executive Director shall issue a written notice of hearing to the claimant that conforms with State Government Article, §10-208, Annotated Code of Maryland. The notice of hearing shall state: The date, time, and location of the hearing; A short and simple statement of the matters that are at issue at the hearing; The recommended summary decision of the Executive Director; The claimant’s right to appear and present oral argument to the Administrative Committee and the Board of Trustees; The claimant’s right to provide a written response not later than 45 days after the date of the hearing notice, or 30 days before the scheduled hearing, whichever is earlier; and The claimant’s right to be represented at the hearing by an attorney authorized to practice law in Maryland. If the claimant submits a written response pursuant to §D(1)(b)(v) of this regulation, the Executive Director may: Continue a previously scheduled hearing to a later date in order to issue a new written notice of hearing and recommended summary decision; Refer the claimant’s petition for a hearing under Regulation .08 or .09 of this chapter; or By agreement of all parties, refer the claimant’s petition for alternate dispute resolution in accordance with §E of this regulation. Administrative Committee Review. Following review of the claimant’s petition for hearing, the Executive Director’s recommended summary decision, any written response by the claimant or claimant’s counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Administrative Committee shall: Issue a proposed summary decision; or Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter. If the Administrative Committee issues a proposed summary decision, the Executive Director shall schedule the matter to be heard at a meeting of the Board of Trustees. Board of Trustees' Review. Following review of the claimant's petition for hearing, the Executive Director's recommended summary decision, the Administrative Committee's proposed summary decision, any written response by the claimant or claimant's counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Board of Trustees shall: Issue a summary decision; or Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter. The Board of Trustees shall issue its decision in writing within 90 days after the hearing. Standard for Summary Decision. The Board of Trustees may issue a summary decision if it finds that: There is no genuine dispute of material fact; and The Retirement Agency or the claimant is entitled to prevail as a matter of law. A summary decision by the Board of Trustees is the final administrative decision of the case. Alternative Dispute Resolution. By agreement of all parties, the Executive Director may refer a petition for alternative dispute resolution by: Non-binding mediation with a neutral mediator pursuant to fee and cost arrangements and other terms on which all parties agree in writing; or An unmediated settlement conference conducted by the Executive Director or Executive Director’s designee at a time and place the Executive Director shall set in coordination with all parties. Before participating in alternative dispute resolution, the parties shall confirm in writing that all communications, evidence, and potential evidence exchanged during the alternative dispute resolution process are subject to the admissibility standards of Maryland Rule 5-408 in any subsequent proceedings. Any party may be represented by legal counsel in alternative dispute resolution. If the parties are unable to reach a final written agreement on settlement terms, and on the written request of any party to terminate alternative dispute resolution, the Executive Director shall: Refer the claimant’s petition for a summary decision as provided under §D of this regulation; or Refer the claimant’s petition for a hearing as provided under Regulation .08 or .09 of this chapter. The Board Secretary shall coordinate with the parties to schedule a hearing before the Board of Trustees. Hearing Notice. The Board Secretary shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing. The hearing notice shall state: The date, time, and place of the hearing; A short and simple statement of the matters that are at issue at the hearing; The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and The claimant's right to: Submit relevant evidence to the Board Secretary that will be included as part of a joint exhibit if received by the Board Secretary 20 calendar days before the date of the hearing, and Be represented by an attorney authorized to practice law in Maryland. Within a reasonable time before the hearing, the Board Secretary shall provide each member of the Board of Trustees and the claimant with a copy of all: Records and documents in the possession of the Retirement Agency that are pertinent to the claim; and Evidence, if any, submitted by the claimant under §B(2)(d)(i) of this regulation. Motions. A party may move for appropriate relief before or during a hearing. A party shall submit all motions in writing or orally at a hearing. Written motions shall: Be filed not later than 15 days before the date of the hearing; State concisely the question to be determined; Be accompanied by any necessary supporting documentation; and Be served on each party. An answer to a written motion shall be filed on the earlier of: 10 days after receipt of the motion; or The date of the hearing. On written notice to all parties, the presiding officer may schedule a conference to consider a written motion. The filing or pendency of a motion does not alter or extend any time limit otherwise established by these regulations. The presiding officer may: Reserve ruling on a motion until after the hearing; or Issue a ruling on a motion before the hearing with the consent of a majority of the Board of Trustees. The Board of Trustees' ruling on the motion shall be in writing and may be included in the final decision. A ruling on a motion may only be reviewed on appeal. Motion to Dismiss. A party may move for dismissal of a petition. A majority of the Board of Trustees may issue a final decision dismissing a petition that fails to state a claim for which relief may be granted by the Board of Trustees. Motion for Summary Decision. A party may move for summary decision on any substantive issue in the case. A majority of the Board of Trustees may grant a final summary decision if a majority of the Board of Trustees finds that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law. Conduct of the Hearing. The presiding officer shall conduct the hearing informally, in such a manner as to ascertain the rights of the parties. The presiding officer shall: Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and Regulate the course of the hearing, including the conduct of the parties, their attorneys, and witnesses. The hearing may not be governed by common law or statutory rules of evidence as to the admissibility of evidence or by technical rules of procedure. Witnesses shall testify under oath or affirmation. A record shall be made of all testimony taken. All evidence considered, including records and documents in the possession of the Retirement Agency, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case. Each party shall have the right to: Call witnesses and present evidence; Cross-examine each witness called by a party; Submit rebuttal evidence; and Make opening and closing statements. The burden of proof shall be on the claimant by a preponderance of evidence. Representation of a party at a hearing is permitted only by an attorney authorized to practice law in Maryland. Notice may be taken of judicially cognizable facts and, in addition, specialized knowledge of general, technical, or scientific facts may be applied. Parties shall be notified either before or during the hearing, or by reference in reports of findings, of the material so noticed and shall be given the opportunity to contest the material. The Board of Trustees may use its experience, technical competence, or specialized knowledge in the evaluation of the evidence presented to them. Proposed Findings of Fact and Conclusions of Law. The presiding officer may request the parties to submit proposed findings of fact and conclusions of law to the Board Secretary within 30 days after the hearing. The findings of fact shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding. At the request of a party, the Board Secretary may grant an extension of time to file the proposed findings of fact and conclusions of law for a period not to exceed 60 days. Official Record. The Board Secretary shall prepare an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §G(2) of this regulation. A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript. Decision of the Board of Trustees. The decision of the Board of Trustees shall: Be in writing; Be based solely on the official record compiled by the Board Secretary; and State the reason or reasons for the decision. The Board of Trustees shall issue its decision within 60 days after: The hearing; or If later, receipt by the Board of Trustees of the parties' proposed findings of fact and conclusions of law. The time limit specified in §H(2) of this regulation may be extended by the Board Secretary with written notice to the parties. The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision. Finality of Board Decision. The decision of the Board of Trustees is the final administrative decision of the case. Pre-Hearing Procedures. The Retirement Agency shall coordinate with the parties and the Office to schedule a hearing before a judge. Hearings shall be held at the central office of the Office of Administrative Hearings. The designation of a site other than the central office of the Office of Administrative Hearings requires the Retirement Agency’s consent. Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena. Unless a judge rules otherwise, each party shall provide written notification at least 20 days before the hearing to every other party of the name and identity of each witness the notifying party may call to testify at the hearing. Hearing Notice. The Retirement Agency shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing. The hearing notice shall state: The date, time, and place of the hearing; A short and simple statement of the matters that are at issue at the hearing; The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and The claimant’s right to be represented by an attorney authorized to practice law in Maryland. Conduct of the Hearing. The judge shall: Conduct a fair and impartial hearing to: Fully elicit all the facts, Adjudicate all issues, and Ascertain the rights of the parties; Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and Regulate the course of a hearing, including the conduct of parties, their attorneys, and witnesses. The hearing may not be governed by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure. Witnesses shall testify under oath or affirmation. A record shall be made of all testimony taken. All evidence submitted, including records and documents in the possession of the Retirement Agency, shall be part of the administrative record in the case. The burden of proof shall be on the claimant by a preponderance of the evidence. A party may represent oneself at a hearing, or may be represented by an attorney authorized to practice law in Maryland. Each party shall have the right to: Call witnesses and present evidence; Cross-examine each witness called by a party; Submit rebuttal evidence; and Make opening and closing statements. Official Record. The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §D(2) of this regulation. A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript. Proposed Decision. The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare proposed findings of fact and proposed conclusions of law. The judge shall mail a copy of the proposed decision to the parties and the Executive Director. The judge shall provide written notice to the parties that a party, including the representative of the Retirement Agency, if adversely affected, may file exceptions to the proposed findings within 15 calendar days after the date of the proposed decision. Exceptions. Exceptions shall be filed with the Executive Director within 15 calendar days after the date of the proposed decision. Exceptions shall be in writing and shall contain a concise statement as to each portion of the judge's determination to which exception is taken and the asserted basis for the exception. A party that refers to any evidence produced at the hearing before the judge shall identify the specific evidence in the party's exceptions. That party may file with the Executive Director a copy of the transcript of the hearing, or relevant portions of the transcript, at that party's expense, at the time of filing the exceptions. A copy of the exceptions shall be served on all parties to the proceedings, their representatives, and the Executive Director. Revocation of Delegation. The Executive Director may revoke delegation of authority to the Office to hear all or part of a contested case at any time prior to the earlier of: The issuance of a ruling on a substantive issue; or The taking of oral testimony from the first witness. The criteria for revocation of a delegation of authority to the Office concerning a petition shall be: The consent of all parties to revocation; or A factual, legal, or procedural change that occurred after the delegation to the Office, which the Executive Director, in the Executive Director’s sole discretion, determines constitutes good cause for revocation of the delegation. The procedure for revocation of a delegation of authority to the Office concerning a petition shall be that the Executive Director shall send written notice to all parties: Stating that the delegation is revoked; Stating good cause for the revocation; and Referring the petition for a summary decision as provided under Regulation .07D of this chapter, for alternative dispute resolution as provided under Regulation .07E of this chapter, or for a hearing as provided under Regulation .08 of this chapter. The revocation of a delegation of authority to the Office concerning a petition is not appealable until the Board of Trustees renders a final decision under Regulation .07D or.08H of this chapter. This regulation applies only if a judge, after conducting a hearing as provided in Regulation .09 of this chapter, issued a proposed decision that was not a proposed default order. Opportunity to Present Argument. The Board Secretary shall notify the parties of their right to present argument to the Board of Trustees. A party shall notify the Board Secretary within the time required in the Board Secretary's notice if the party intends to present argument to the Board of Trustees. Exceptions Hearing Before the Board of Trustees. The Board Secretary shall: Coordinate with the parties to schedule the argument before the Board of Trustees; and Notify the parties of the date, time, and place for argument. Postponement. Postponement of the argument before the Board of Trustees ordinarily is not allowed. Except in the case of an emergency or in unusual circumstances, a request for postponement of an argument before the Board of Trustees may not be considered unless it is received by telephone by the Board Secretary at least 24 hours before the date set for the argument. Failure to Appear. Except as provided in §C(3)(b) of this regulation, if a party fails to appear at the scheduled date, time, and place of argument, the failure is considered a waiver of the request to make argument and the Board of Trustees shall issue a final decision as provided in §E of this regulation. If a majority of the Board of Trustees believes it is desirable to hear the argument of a party to assist them in making the final decision, the Board of Trustees may defer action on the claim until the Board Secretary advises the Board of Trustees that: The party has withdrawn the request to present an argument to the Board of Trustees; or The claim has been rescheduled at a date, time, and place that is convenient for the parties and the Board of Trustees. Official Record. Within a reasonable time before the Board of Trustees' meeting, the Board Secretary shall provide a copy of the official record of the hearing compiled by the judge, the proposed decision, and any exceptions filed by a party to each member of the Board of Trustees and each party. The Board of Trustees may not accept additional evidence or hear testimony of witnesses. Conduct of Argument. The party's claim shall be called to order by the presiding officer. The presiding officer shall: Allow the party and the party's attorney, if any, to present the party's argument; Regulate the course of the argument, including the conduct of the parties and their attorneys; Limit the period of time for argument; Restrict the party's argument if it is incompetent, irrelevant, immaterial, or unduly repetitious; and Exclude evidence that is not in the official record. Following each party's presentation, members of the Board of Trustees may ask questions. Final Decision. The Board of Trustees shall issue a final decision based solely on: The official record compiled by the judge; The proposed decision of the judge; The exceptions filed by a party to the proposed decision; and Argument, if any, presented to the Board of Trustees. The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision. This regulation applies only if a judge issues a proposed default order against a defaulting party in a case. On receipt of a written motion from a defaulting party requesting the Board of Trustees to vacate a proposed default order, the Executive Director of the Retirement Agency shall consider the grounds stated for the request in the motion. The Executive Director may contact the party to obtain additional information about the reasons for the default. If the Executive Director finds that there is: Good cause to excuse the default, the Executive Director may vacate the proposed default order, and return the case to the Office for further appropriate proceedings; or Not good cause to excuse the default, the Executive Director shall deny the motion and issue a final default order terminating further proceedings. At the next regularly scheduled meeting of the Board of Trustees following the Executive Director's consideration of a written motion requesting that a proposed default order be vacated or modified, the Executive Director shall advise the Board of Trustees as to the action taken. A party adversely affected by a final decision of the Board of Trustees or the Executive Director may obtain judicial review of the decision as provided by law. : State Government Article, §10-206(b); State Personnel and Pensions Article, §§21-108, 21-110, and 21-111; Annotated Code of Maryland Effective date: January 1, 1996 (22:26 Md. R. 2031) Effective January 1, 1996, all of Title 22 was repealed and completely new regulations adopted. Codification and organization of the title were also completely changed. Consequently, the administrative histories of the revised Title 22 do not reflect regulatory activity before January 1, 1996. Refer to the old version of Title 22 or contact the Maryland State Archives for assistance. Regulation .01 amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .02B amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51) Regulation .03C adopted effective February 6, 2023 (50:2 Md. R. 51) Regulation .04 amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .05A amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .05B amended effective May 24, 2004 (31:10 Md. R. 796) Regulation .06 amended effective May 24, 2004 (31:10 Md. R. 796) Regulation .06B amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .07 amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51) Regulation .08B amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .08E amended effective May 24, 2004 (31:10 Md. R. 796); February 6, 2023 (50:2 Md. R. 51) Regulation .09 amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .09A, C amended effective May 24, 2004 (31:10 Md. R. 796) Regulation .10A amended effective May 17, 1999 (26:10 Md. R. 799); February 6, 2023 (50:2 Md. R. 51) Regulation .10C amended effective February 6, 2023 (50:2 Md. R. 51) Regulation .10E amended effective May 24, 2004 (31:10 Md. R. 796) Regulation .11 amended and recodified to Regulation .12, and new Regulation .11 adopted effective May 17, 1999 (26:10 Md. R. 799) Regulation .11B, C amended effective February 6, 2023 (50:2 Md. R. 51)