Chapter 03. Contested Cases

“Notice” means a written document sent by certified mail, return receipt requested.

“Office” means the Office of the State Treasurer.

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

Statement of the:

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

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

Call of the case by the Treasurer;

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 Treasurer, 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 counsel.

If the Treasurer does not personally hear the evidence at the hearing, the Office of Administrative Hearings shall issue a proposed decision within a reasonable time after the hearing according to the provisions of State Government Article, §10-216, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met.

The proposed decision, including the findings of fact and conclusions of law on which it is based, shall be mailed or delivered to all parties immediately after its issuance.

The parties also shall be notified 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 Treasurer. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record that the party wishes the Treasurer 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 Treasurer may dismiss any request to present argument and may base review of the proposed decision on whatever portion of the record the Treasurer deems appropriate.

If an opportunity to present argument is not requested, the Treasurer shall issue a final decision.

If argument is requested, the Treasurer shall set a date for presentation of argument and shall notify the parties of that date within 30 days of the receipt of the request.

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