Chapter 04. Procedure for Hearings in Contested Cases

In this chapter, the following terms have the meanings indicated.

Terms Defined.

In a contested case all parties shall be afforded an opportunity for hearing after reasonable notice.

The notice shall:

A party may appear in proper person or be represented by counsel.

A corporation may be represented by an officer, agent, or attorney.

Parties and their attorneys shall give written notice to the hearing officer of their names and addresses in advance of the hearing.

Probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs may be admitted at a hearing and given probative effect.

Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded.

Documentary evidence may be submitted by parties before and at the hearings and for the period of time that the administrative law judge may designate the record to remain open after the hearing.

On a genuine issue in a contested case, a party may call witnesses and cross-examine opposing witnesses.

The hearing shall be open to the public, unless otherwise provided by law.

Upon written notice 7 days before a hearing and upon payment of costs, a party may request that a hearing be transcribed.

Persons other than advisory staff may not communicate ex parte with the administrative law judge or decision maker.

Ex parte communications received in violation of §A of this regulation shall be placed in the record and disclosed to all parties, who shall then have 10 days within which to rebut them.

In the determination of a contested case, the decision maker may consider only evidence that is in the record.

The record in a contested case shall include:

The decision maker may adopt, modify, or rewrite the administrative law judge's proposed findings of fact and proposed conclusions of law.

If a decision maker, or a majority of decision makers, has not heard the evidence, a proposed decision, including findings of fact and conclusions of law, shall be served on each party. Parties adversely affected by the proposed decision shall be afforded the opportunity, within 10 days after receipt of the proposed decision, to file exceptions and present argument to the decision maker or the majority of decision makers.

Copies of the final decision and findings of fact and conclusions of law shall be delivered or mailed promptly to all parties or their attorneys.

Instead of a decision, a contested case may be disposed of by agreed settlement, consent order, or default.

Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law.

Upon notice of appeal, the record shall be transmitted promptly to the appropriate appellate tribunal, but within the time period prescribed in the Maryland Rules of Procedure governing appeals from administrative agencies.