Chapter 03. Contested Case Regulations

“Administrative law judge” means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter.

“Board” means the Board of Public Works.

“Party” means the Board or any person whose rights are being adjudicated at a hearing.

Statement of the date, time, place, and nature of the hearing;

Statement of the person's right to be represented by counsel;

Statement of the legal authority and jurisdiction under which the hearing is to be held;

Reference to the particular sections of statute and regulation, including rules of procedure, involved; and

Short and simple statement of the matters which will be at issue at the hearing.

Call of the case by the Board or the administrative law judge ;

Opening statements by the parties;

Presentation of evidence in the following order:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant and material evidence;

Consider and rule upon all procedural and other motions appropriate to the proceedings;

Examine witnesses;

Maintain order, limit unduly repetitious testimony, and limit the time for presentations;

Grant a continuance for good cause shown;

Require parties to submit proposed findings of fact and conclusions of law;

Call witnesses.

Call witnesses and present evidence;

Cross-examine every witness called by a party, the Board, or the administrative law judge or other person;

Submit rebuttal evidence;

Present summation and argument; and

File objections, exceptions, and motions, except that if a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance.

The administrative law judge shall notify the parties that within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request the opportunity to present argument to the Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board to review. References to the record other than any transcript of testimony shall be indicated as R . . . , and references to the transcript of testimony as contained in the record shall be indicated as T . . .. If a party fails to provide these specific references, the Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate.

If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time.

If argument is requested, the Board shall set a date for presentation of argument and shall notify the parties of the date, time, and place for argument, which shall be held within a reasonable time of the receipt of the request for oral argument.

The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested.