# COMAR Title 28 — Office of Administrative Hearings

## Subtitle 05 — Compensation to Individual Erroneously Convicted, Sentenced, and Confined

### Chapter 01 — Compensation to Individual Erroneously Convicted, Sentenced, and Confined

#### Regulation .04 Filing and Service of a Request for Order of Eligibility.

*COMAR 28.05.01.04*

A. A claimant requesting an order of eligibility shall file the request with the Office as required by State Finance and Procurement Article, §10-501(b)(3), Annotated Code of Maryland, COMAR 28.02.01.04D, and this chapter.

B. The request shall be captioned “In the Matter of the Wrongful Conviction of (Claimant(s)) v. Board of Public Works.”

C. The request shall include:

  (1) The name of the county where the alleged erroneous judgment of conviction for a felony was entered;

  (2) The name of the current State’s Attorney in the county where the alleged erroneous judgment of conviction for a felony was entered;

  (3) The conviction date; and

  (4) The duration of the alleged erroneous confinement.

D. A claimant may initiate a request for order of eligibility by filing a form substantially similar to that in Appendix A of this chapter.

E. A request for order of eligibility shall be served on:

  (1) The current State’s Attorney in the county where the alleged erroneous judgment of conviction for the felony was entered; and

  (2) The Office of the Attorney General.