Chapter 02. Security and Decorum
Regulation .01 Definitions.LinkCopy Citation
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)
Dangerous or Toxic Item.
(a)
“Dangerous or toxic item” means an object or substance that:
(i)
Is capable of causing physical harm, or
(ii)
Otherwise poses a threat to health or safety.
(b)
“Dangerous or toxic item” includes, but is not limited to, chemicals and sharp objects.
(4)
“Firearm” means a device capable of propelling a projectile by gunpowder or other means, including, but not limited to, a rifle, shotgun, or handgun.
(5)
“Office” means the Office of Administrative Hearings.
(6)
“Office facility” means a building in which a hearing, mediation, or other Office proceeding takes place.
(7)
“Office proceeding” means any type or stage of legal process scheduled by the Office.
(8)
“Police officer” means an individual who is authorized to make arrests in an official governmental capacity.
(9)
Weapon.
(a)
“Weapon” means a device capable of inflicting bodily injury or destroying property.
(b)
“Weapon” includes, but is not limited to:
(i)
A firearm, crossbow or longbow, knife, club, razor, box cutter, nunchaku, or stun gun;
(ii)
Metal knuckles, pepper spray, or mace; and
(iii)
Any other device or object designed to be, or capable of being, used to inflict pain or cause injury.
Regulation .02 Prohibited Items or Substances and Weapons Policy.LinkCopy Citation
A.
Dangerous or toxic items and weapons. Except as provided in §B of this regulation:
(1)
Dangerous or toxic items and weapons are prohibited at Office proceedings and facilities;
(2)
Dangerous or toxic items and weapons brought into an Office proceeding or facility may be confiscated; and
(3)
If a prohibited item or weapon is brought into an Office proceeding or facility:
(a)
The proceeding may be suspended or rescheduled; and
(b)
The individual involved may be removed from the Office proceeding or facility.
B.
Weapons Exceptions. Subject to §C of this regulation, the following individuals may possess a weapon in an Office proceeding or facility:
(1)
Police officers acting in their official capacity who:
(a)
Have been summonsed to appear at an Office proceeding; or
(b)
Are representing their employer in an Office proceeding; and
(2)
Individuals employed to provide security services at an Office proceeding or facility.
C.
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.
D.
Illegal Substances.
(1)
Illegal substances are prohibited in Office proceedings and facilities.
(2)
If an illegal substance is brought into an Office proceeding or facility:
(a)
The illegal substance may be confiscated;
(b)
The proceeding may be suspended or rescheduled; and
(c)
The individual involved may be removed from the Office facility or proceeding.
Regulation .03 Decorum and Security.LinkCopy Citation
A.
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.
B.
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.
C.
A person who presents a threat to safety or who is disrupting Office operations or an Office proceeding may be removed from the:
(1)
Office proceeding;
(2)
Office facility; or
(3)
Premises.
Chapter annotations
Authority: State Government Article, §9-1604, Annotated Code of Maryland
History: Effective date: April 24, 2017 (44:8 Md. R. 407)
History: Regulation .01B amended effective January 10, 2020 (46:26 Md. R. 1168)
History: Regulation .02 amended effective January 10, 2020 (46:26 Md. R. 1168)
History: Regulation .03 amended effective January 10, 2020 (46:26 Md. R. 1168)