In this chapter, the following terms have the meanings indicated. Terms Defined. “ALJ” means an individual: Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland; or Designated pursuant to State Government Article, §9-1607, Annotated Code of Maryland. “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland. “Employee” means a contractual, temporary, or permanent employee of the Office at the time the action that gave rise to the hearing request arose. “Member of the employee’s family or household” means: A parent, spouse, sibling, or child of the employee; or A relative or other person who shares the employee’s legal residence, or over whose affairs the employee has legal or actual control. “Office” means the Office of Administrative Hearings. A proceeding before the Office in which an employee of the Office or a member of the employee’s household is a party may be heard by an individual designated by the Chief ALJ pursuant to State Government Article, §9-1607, Annotated Code of Maryland, who meets the requirements established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland, and who is not an Office employee. State Government Article, §§9-1604 and 9-1607, Annotated Code of Maryland Effective date: September 16, 1991 (18:18 Md. R. 2009) Regulation .01B amended effective May 6, 1996 (23:9 Md. R. 672); January 8, 2001 (27:26 Md. R. 2360); January 10, 2020 (46:26 Md. R. 1168) Regulation .02 amended effective January 20, 1992 (19:1 Md. R. 35) Regulation .02 amended as an emergency provision effective July 8, 1993 (20:15 Md. R. 1219); amended permanently effective January 7, 1994 (20:25 Md. R. 1950) Regulation .02 amended effective January 10, 2020 (46:26 Md. R. 1168) In this chapter, the following terms have the meanings indicated. Terms Defined. “ALJ” means an individual: Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland; or Designated pursuant to State Government Article, §9-1607, Annotated Code of Maryland. “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland. Dangerous or Toxic Item. “Dangerous or toxic item” means an object or substance that: Is capable of causing physical harm, or Otherwise poses a threat to health or safety. “Dangerous or toxic item” includes, but is not limited to, chemicals and sharp objects. “Firearm” means a device capable of propelling a projectile by gunpowder or other means, including, but not limited to, a rifle, shotgun, or handgun. “Office” means the Office of Administrative Hearings. “Office facility” means a building in which a hearing, mediation, or other Office proceeding takes place. “Office proceeding” means any type or stage of legal process scheduled by the Office. “Police officer” means an individual who is authorized to make arrests in an official governmental capacity. Weapon. “Weapon” means a device capable of inflicting bodily injury or destroying property. “Weapon” includes, but is not limited to: A firearm, crossbow or longbow, knife, club, razor, box cutter, nunchaku, or stun gun; Metal knuckles, pepper spray, or mace; and Any other device or object designed to be, or capable of being, used to inflict pain or cause injury. Dangerous or toxic items and weapons. Except as provided in §B of this regulation: Dangerous or toxic items and weapons are prohibited at Office proceedings and facilities; Dangerous or toxic items and weapons brought into an Office proceeding or facility may be confiscated; and If a prohibited item or weapon is brought into an Office proceeding or facility: The proceeding may be suspended or rescheduled; and The individual involved may be removed from the Office proceeding or facility. Weapons Exceptions. Subject to §C of this regulation, the following individuals may possess a weapon in an Office proceeding or facility: Police officers acting in their official capacity who: Have been summonsed to appear at an Office proceeding; or Are representing their employer in an Office proceeding; and Individuals employed to provide security services at an Office proceeding or facility. Police officers authorized to possess a weapon in an Office proceeding under §B(1) of this regulation who are carrying a concealed weapon shall notify the Office prior to the beginning of the proceeding. Illegal Substances. Illegal substances are prohibited in Office proceedings and facilities. If an illegal substance is brought into an Office proceeding or facility: The illegal substance may be confiscated; The proceeding may be suspended or rescheduled; and The individual involved may be removed from the Office facility or proceeding. Parties, their authorized representatives, witnesses, and other persons present at an Office proceeding shall conduct themselves in a manner consistent with the standards of decorum commonly observed in a court. Disrespectful, disorderly, disruptive, contemptuous, vulgar, or violent conduct or language, refusal to comply with directions, or continued use of dilatory tactics constitutes grounds for immediate exclusion from an Office proceeding. A person who presents a threat to safety or who is disrupting Office operations or an Office proceeding may be removed from the: Office proceeding; Office facility; or Premises. State Government Article, §9-1604, Annotated Code of Maryland Effective date: April 24, 2017 (44:8 Md. R. 407) Regulation .01B amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .02 amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .03 amended effective January 10, 2020 (46:26 Md. R. 1168) In this chapter, the following terms have the meanings indicated. Terms Defined. “ALJ” means an individual appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland. “Charges” means a written statement of cause for imposing discipline against an ALJ pursuant to State Personnel and Pensions Article, §11-104, Annotated Code of Maryland. “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland. “Executive ALJ” means an ALJ appointed as the Director or Deputy Director of Operations, the Director or Deputy Director of Quality Assurance, or other position that the Chief ALJ designates as an executive ALJ position. “Filed” means that a document is postmarked or received in accordance with COMAR 28.02.01.04D. “Office” means the Office of Administrative Hearings. “Probationary ALJ” means an ALJ during the first year after appointment as an ALJ. The Chief ALJ shall provide an ALJ with written notice of any charges. An ALJ who has been notified of charges may file a written appeal with the Chief ALJ within 10 days after the Chief ALJ notifies the ALJ of the charges. If the ALJ does not file a timely appeal, or does not appear at the scheduled hearing, the charges may be upheld. On appeal, the Office bears the burden of proving the charges by a preponderance of the evidence. Within 90 days after filing an appeal, the ALJ shall have an opportunity to be heard on the charges. The Chief ALJ may postpone the hearing beyond the 90-day period for good cause. The Chief ALJ may conduct the hearing on an appeal of charges. When the Chief ALJ conducts the hearing: The hearing may be closed to the public; and The Chief ALJ shall issue the final decision of the Office. The final decision shall be in writing and: Be issued within 90 days of the close of the record; Be sent by certified mail to the ALJ and the ALJ’s representative, if any; and Include: Findings of fact; Conclusions of law; and Notice that an aggrieved party may seek judicial review of the decision in accordance with State Government Article, §10-222, Annotated Code of Maryland, and the Maryland Rules governing Judicial Review of Administrative Agency Decisions. The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges. When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges: The Administrative Procedure Act, State Government Article, §10-212, Annotated Code of Maryland, shall apply; and The designated individual shall issue a proposed decision in accordance with State Government Article, §§10-216(a) and 10-220(d), Annotated Code of Maryland. The proposed decision shall be in writing and: Be issued within 30 days of the close of the record; Be sent by certified mail to: The ALJ who filed the appeal; The Chief ALJ; and The parties’ counsel of record; and Include: Findings of fact and conclusions of law; and Notice in accordance with State Government Article, §10-216(a), Annotated Code of Maryland, that: Written exceptions may be filed with the Office within 15 days after the proposed decision is mailed; and Oral argument may be requested in writing at the time that exceptions are filed. If oral argument is requested: The Chief ALJ shall notify the parties by certified mail of the date, time, and place of the argument; and The argument shall be scheduled to occur within 30 days after the exceptions and request for argument were filed. Within 15 days after the proposed decision is postmarked, a party adversely affected may: File with the Chief Judge written exceptions; and Request oral argument on the exceptions. The Chief Judge shall notify the parties of the date, time, and place of the argument. The argument shall be presented within 30 days from receipt by the Chief Judge of the exceptions and request to present argument. Time Periods for Issuance of Final Decision. If oral argument is held, the Chief ALJ shall issue the final decision within 45 days after conclusion of the argument. If written exceptions are filed, but no request for oral argument is made, the Chief ALJ shall issue the final decision within 45 days after the written exceptions were filed. If no written exceptions are filed, the Chief ALJ shall issue the final decision within 30 days after the proposed decision was mailed to the parties. In the written decision, the Chief ALJ may: Restore the ALJ to their position without loss of pay; Suspend the ALJ without pay for a specified period; Demote the ALJ; Remove the ALJ from their position; or Require that other action be taken as indicated by the findings in the case. A probationary ALJ may appeal termination only on the grounds that the termination is illegal or unconstitutional. Executive ALJs serve at the pleasure of the Chief ALJ, who may assign, reassign, or remove executive duties without cause at any time. The assignment, reassignment, or removal of executive duties is not appealable. The Chief ALJ shall notify an executive ALJ of the removal of executive duties at least 14 days prior to the effective date of the removal. The Chief ALJ may permit an Executive ALJ whose executive duties have been removed to continue to serve as an ALJ. If the Chief ALJ determines not to permit the individual to continue to serve as an ALJ: A Notice of Charges shall be issued in accordance with Regulation .02 of this chapter; and The procedures specified in Regulations .03 through .09 of this chapter shall apply. State Government Article, §§9-1604 and 10-206, Annotated Code of Maryland Effective date: September 16, 1991 (18:18 Md. R. 2009) Chapter revised effective January 10, 2020 (46:26 Md. R. 1168) This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of Administrative Hearings for the inspection and copying of public records of the Office. It is the policy of the Office of Administrative Hearings to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland. “Board” has the meaning stated in General Provisions Article, §4-101(c), Annotated Code of Maryland. “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland. “Copy” means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Filed” means that a document is postmarked or received in accordance with COMAR 28.02.01.04D. “Indigent” has the meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of Maryland. “Metadata” has the meaning stated in General Provisions Article, §4-205(a), Annotated Code of Maryland. “Office” means the Office of Administrative Hearings. “Official custodian” has the meaning stated in General Provisions Article, §4-101(f), Annotated Code of Maryland. “Public Access Ombudsman” means the official appointed under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act. “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland. “Reasonable fee” has the meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of Maryland. “Working day” means a day on which the Office is open from 8 am until 4:30 pm. Unless otherwise provided by law, the Deputy Director of Operations is the official custodian of the public records of the Office. Any person may request to inspect or copy public records of the Office. Inspection. Except as otherwise provided in this chapter, the custodian shall make public records of the Office available for inspection by an applicant without demanding a written request. The custodian shall require a written request if the custodian reasonably believes that: The Act or any other law may prohibit the disclosure of the public record to the applicant; or A written request will materially assist the Office in responding. Copies. If the applicant requests a copy of any public record of the Office, the custodian may require a written request. A written request shall: Contain the applicant’s name and address; Be signed by the applicant; and Reasonably identify, by brief description, the public record sought. A request to inspect or copy a public record of the Office shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Chief Judge or the custodian. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection: Immediately; or Within a reasonable time period, not to exceed 30 days after the date of the request, if additional time is needed to retrieve the public record and conduct any necessary review. If the custodian reasonably believes that it will take more than 10 working days to produce the public record, the custodian shall so indicate in writing or by electronic mail within 10 working days after receipt of the request: The amount of time that the custodian anticipates it will take to produce the public record; An estimate of the range of fees that may be charged to comply with the request for public records; and The reason it will take more than 10 working days to produce the records. If a request is denied, the custodian shall provide the applicant, at the time of the denial or within 10 working days, a written statement that gives: The reason for the denial, including, for records denied under General Provisions Article, §4-343, Annotated Code of Maryland, a brief explanation of: Why denial is necessary; and Why the harm from disclosure of the public record would be greater than the public interest in providing access to the information in the public record such that disclosure of the public record would be contrary to the public interest; The legal authority for the denial; Without disclosing the protected information, a brief description of the undisclosed records that will enable the applicant to assess the applicability of the legal authority for the denial; and Notice of the remedies available for review of the denial. If a requested public record is not in the custody or control of the person to whom application is made, that person shall, within 10 working days after receipt of the request, notify the applicant: That the person does not have custody or control of the requested public record; and If the person knows: The name of the custodian of the public record; and The location or possible location of the public record. Any time limit imposed by §§A and B of this regulation may be extended: With the consent of the applicant, for an additional period of up to 30 days; and For the period of time during which a dispute initiated by the applicant is pending before the Public Access Ombudsman. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if: The public record is in a searchable and analyzable electronic format; The applicant requests a copy of the public record in a searchable and analyzable electronic format; and The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act. The custodian shall provide a portion of the public record in a searchable and analyzable electronic format if: Requested by the applicant, and The custodian is able to do so by using the existing functions of the database or software program that contains the searchable and analyzable data. The custodian is not required to: Create or reconstruct a public record in an electronic format if the public record is not available in an electronic format; or Release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained. The custodian may remove metadata from an electronic document before providing the electronic record to an applicant by: Using a software program or function; or Converting the electronic record into a different searchable and analyzable format. If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly: Notify the applicant that the public record is not available; and Explain the reasons why the public record cannot be produced. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board under General Provisions Article, §4-1A-05(a), Annotated Code of Maryland. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to requests for public records. Denial Pending Court Order. If, in the opinion of the Chief ALJ, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Chief ALJ may temporarily deny the request and seek a court order allowing nondisclosure. A temporary denial shall be in writing. Circuit Court Review. Within 10 working days after the denial, the Chief ALJ shall apply to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the Chief ALJ’s complaint shall be served on the applicant in the manner provided for service of process by the Maryland Rules. Copies. Except as provided in §§B and C of this regulation, the fees for reproducing public records of the Office in the form of copies, printouts, or photographs, and for certifying the reproductions, are as follows: Reproduction. For each reproduction made other than by a photocopying machine within the Office, the actual cost of reproduction; and For each copy made by a photocopying machine within the Office, 25 cents per page. Certification. If a person requests that a reproduction of a public record be certified as a true copy, an additional fee of $1 per page (or if appropriate, per item) shall be charged. Minimum Fee. No charge will be made if the total fee is $10 or less. Notwithstanding §A of this regulation, if the fee for reproduction or certification of a public record of the Office is specifically set by a law other than the Act or this regulation, the custodian shall charge the prescribed fee. If the custodian cannot reproduce a public record within the Office, the custodian shall arrange for the prompt reproduction of the public record and either: Collect from the applicant a fee equal to the actual cost of reproduction; or Direct the applicant to pay the cost of reproduction directly to the reproduction facility. Before reproducing a public record of the Office, the custodian shall estimate the cost of reproduction and either: Obtain the agreement of the applicant to pay the cost; or Require prepayment of all or a portion of the cost. Search and Preparation Fee. Except as provided in §F of this regulation, the custodian may charge a reasonable fee for time that an official or employee of the Office spends to: Search for requested public records; Review requested public records for potential disclosure; and Prepare public records for inspection and reproduction. The custodian shall determine the fee under §E(1) of this regulation by multiplying the employee’s salary, prorated to an hourly basis, by the actual time attributable to the search for, review of, and preparation of public records for inspection and reproduction. The custodian may not charge a fee under §E of this regulation for the first 2 hours spent searching for and preparing public records for inspection. Waiver or Reduction of Fees. The official custodian may waive or reduce a fee under this regulation if: The applicant requests a waiver; and Either: The custodian determines that the waiver or reduction is in the public interest; or The applicant is indigent and files an Affidavit of Indigence or other affidavit sufficient to support a claim of indigence pursuant to COMAR 28.03.01.06B. In determining whether a fee is in the public interest, the custodian shall consider relevant factors, including the ability of the applicant to pay the fee. If the applicant requests that a reproduction of a public record be mailed or delivered to the applicant or to a third party, the custodian may charge the applicant for the cost of postage or delivery. An applicant may inspect a public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office. The inspection shall occur where the public record is located, unless the custodian, after considering an applicant’s express request, determines that another place is more suitable and convenient. General Provisions Article, §§4-101—4-103, 4-201—4-362, and 4-503;State Government Article, §9-1604; Annotated Code of Maryland Effective date: September 16, 1991 (18:18 Md. R. 2009) Regulation .02B amended effective May 6, 1996 (23:9 Md. R. 672) Regulation .11B amended as an emergency provision effective July 8, 1993 (20:15 Md. R. 1219); amended permanently effective January 7, 1994 (20:25 Md. R. 1950) Regulation .13A amended effective January 20, 1992 (19:1 Md. R. 35); May 6, 1996 (23:9 Md. R. 672) Regulations .01—.15 repealed and new Regulations .01—.16 adopted effective April 11, 2016 (43:7 Md. R. 452) Regulation .03B amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .09B amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .14 amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .15 amended effective January 10, 2020 (46:26 Md. R. 1168) Regulation .16 amended effective January 10, 2020 (46:26 Md. R. 1168) This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of Administrative Hearings. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland. “Applicant” has the meaning stated in General Provisions Article, §4-101(b), Annotated Code of Maryland. “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland. “Custodian” has the meaning stated in General Provisions Article, §4-101(d), Annotated Code of Maryland. “Filed” means that a document is postmarked or received in accordance with COMAR 28.02.01.04D. “Office” means the Office of Administrative Hearings. “Person in interest” has the meaning stated in General Provisions Article, §4-101(g), Annotated Code of Maryland. “Public record” has the meaning stated in General Provisions Article, §4-101(j), Annotated Code of Maryland. A person in interest may request that the Office correct or amend any public record that: The Office keeps; and The person in interest is authorized to inspect. A person in interest shall make a request to correct or amend a public record in writing. The request shall: Identify the public record to be corrected or amended; State the precise correction or amendment requested; State the reason for the correction or amendment; and Include a statement that, to the best of the requester’s belief, the public record is inaccurate or incomplete. Unless otherwise provided by law, requests to correct or amend a public record of the Office shall be addressed to the Deputy Director of Operations, who is the official custodian of the public records of the Office. The Office shall accept a request to correct or amend a public record when received if it reasonably complies with Regulations .04 and .05 of this chapter. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with: An explanation of the reason for the return; and A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted. Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall: Make the requested correction or amendment, and inform the requester in writing of the action; or Inform the requester in writing that the Office will not: Make the requested correction or amendment, and the reason for the refusal; or Act on the request: Because the requester is not a person in interest; Because the requester is not authorized to inspect the record; or For any other reason authorized by law. If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise, written statement of disagreement. The statement of disagreement shall: Be on pages not larger than 8-1/2 x 11 inches in size; Use only one side of each page; Consist of not more than five pages, double spaced, in 12-point font; Explain the reason for the requested correction or amendment; and Explain the basis for the disagreement with the stated reason for the Office’s refusal to make the correction or amendment. If a person in interest files a statement of disagreement concerning a public record under Regulation .08 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party. A person may request administrative review under this regulation if the Office: Has refused the person’s request to correct or amend a public record under Regulation .07 of this chapter; Has rejected the person’s statement of disagreement under Regulation .08 of this chapter; or Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter. A request for review shall be filed with the Chief ALJ within 30 days after the requester is advised of the Office’s action. The review proceedings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.01. General Provisions Article, §4-502; State Government Article, §9-1604; Annotated Code of Maryland Effective date: September 16, 1991 (18:18 Md. R. 2009) Regulation .11C amended as an emergency provision effective July 8, 1993 (20:15 Md. R. 1219); amended permanently effective January 7, 1994 (20:25 Md. R. 1950) Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective April 11, 2016 (43:7 Md. R. 452) Chapter revised effective January 10, 2020 (46:26 Md. R. 1168)