# COMAR Title 28 — Office of Administrative Hearings

## Subtitle 01 — Administration

### Chapter 01 — Conflicts Policy

**Authority:** State Government Article, §§9-1604 and 9-1607, Annotated Code of Maryland

**Administrative History:** Effective date: September 16, 1991 (18:18 Md. R. 2009)

**Administrative History:** 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)

**Administrative History:** Regulation .02 amended effective January 20, 1992 (19:1 Md. R. 35)

**Administrative History:** 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)

**Administrative History:** Regulation .02 amended effective January 10, 2020 (46:26 Md. R. 1168)

#### Regulation .01 Definitions.

*COMAR 28.01.01.01*

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

B. Terms Defined.

  (1) “ALJ” means an individual:

    (a) Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §9-1604(a)(2), Annotated Code of Maryland; or

    (b) Designated pursuant to State Government Article, §9-1607, Annotated Code of Maryland.

  (2) “Chief ALJ” means the individual appointed as head of the Office pursuant to State Government Article, §9-1603, Annotated Code of Maryland.

  (3) “Employee” means a contractual, temporary, or permanent employee of the Office at the time the action that gave rise to the hearing request arose.

  (4) “Member of the employee’s family or household” means:

    (a) A parent, spouse, sibling, or child of the employee; or

    (b) A relative or other person who shares the employee’s legal residence, or over whose affairs the employee has legal or actual control.

  (5) “Office” means the Office of Administrative Hearings.

#### Regulation .02 Selection of Substituted ALJs.

*COMAR 28.01.01.02*

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.