This chapter contains procedures for administrative hearings concerning the licensure, certification, or discipline of EMS providers, applicants, and unlicensed or uncertified individuals before the EMS Board. A hearing concerning summary suspensions shall be in accordance with COMAR 30.02.07. A hearing before an administrative law judge of the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure of the Office of Administrative Hearings in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” has the meaning stated in COMAR 28.02.01.02. “Party” means an individual or agency, including the EMS Board, named in an administrative proceeding before the EMS Board. The EMS Board may delegate authority to conduct a hearing to the Office of Administrative Hearings in accordance with State Government Article, §10-205(a), Annotated Code of Maryland. Scope of Delegation. The EMS Board may delegate authority to the Office of Administrative Hearings to issue proposed findings of fact, proposed conclusions of law, or a proposed disposition. Authority to Revoke Delegation. The EMS Board may revoke all or part of a delegation of authority to hear a contested case. Criteria for Revocation. The EMS Board may revoke all or part of a delegation to the Office of Administrative Hearings if the case may: Involve novel or unanticipated factual or legal issues; Have significant social or fiscal consequences; Involve policy issues of general applicability; or Be likely to have precedential value. Procedures for Revocation. The EMS Board shall provide written notice of a revocation of hearing authority to all parties and the Office of Administrative Hearings. The written notice shall contain a brief statement of the reason for the revocation. Delegation of authority to hear a contested case may be revoked at any time before the earlier occurrence of the following: The issuance of a ruling by the administrative law judge on a substantive issue; or The taking of oral testimony from the first witness. The EMS Board shall specify whether all or part of the delegation to hear a contested case has been revoked. If only part of the delegation has been revoked, the EMS Board shall specify in the written notice of revocation the portions of the contested case for which delegation is revoked. A decision issued by the EMS Board shall reflect the fact that delegation to the Office of Administrative Hearings was revoked and a copy of the revocation notice shall be included as part of the record. Procedures upon Revocation. If the EMS Board revokes the delegation to hear a contested case, the hearing shall be conducted by the EMS Board in accordance with this chapter within 90 days of the issuance of the revocation. A written request for a hearing shall be filed with MIEMSS not later than 30 days from the date of the notice of the action. A request for a hearing is considered filed on the earlier of the date the request is postmarked or when actually received by MIEMSS. The request shall include the following: The name, mailing address, and telephone number of the person filing the request and the person's attorney, if any; The action, sanction, decision, or order being contested; and A brief statement of the basis for the request for hearing and other information required by law. A request for hearing shall be signed by the party or the party's attorney. If a hearing request is received without the necessary information, or is otherwise improper, MIEMSS may: Return the request; Require submission of supplemental information; or Require an amended request. In any matter that has been delegated to the Office of Administrative hearings, within 15 days of receiving a request for a hearing, MIEMSS shall forward the request to the Office of Administrative Hearings. In any matter that has not been delegated to the Office of Administrative Hearings, MIEMSS shall forward the request to the Chair of the EMS Board within 15 days. The EMS Board or Office of Administrative Hearings, as appropriate, shall give written notice of the hearing of a contested case to the respondent in accordance with State Government Article, §10-208, Annotated Code. Unless otherwise required by law, service of the following documents shall be made by personal delivery, by certified mail, or by regular mail: Notice of the hearing; Default orders; Prehearing orders; Final decisions; Exceptions to proposed decisions; and Appeals of final decisions. Service upon a party to whom a certificate or license has been issued by the EMS Board may be made by delivering a copy to the: Most recent address provided by that party to MIEMSS; or Address of the individual's attorney of record. Service upon or filing with the EMS Board may be made by delivering the document to the Office of the Executive Director at MIEMSS. Proof of Service. The individual serving a document shall certify: To whom the document was sent or delivered; The address to which the copy was sent or delivered; The date the copy was sent or delivered; The manner of service; and The name of the person who sent or delivered the document. Absent evidence to the contrary, it is presumed that any document served by mail in accordance with these regulations was received by the addressee 3 days after the date the document was mailed. The respondent may appear in proper person or be represented by counsel who is authorized to practice law in Maryland. Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing. With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged or otherwise nondiscoverable, a party, by written request served upon all other parties and filed with the EMS Board or Office of Administrative Hearings, as appropriate, not later than 30 days before the scheduled hearing, may require any other party to: Produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, expert report, object, or tangible thing; and Respond to not more than 15 interrogatories, which will be counted separately irrespective of the manner in which they are grouped, combined, or arranged. Stipulations. The parties by written stipulation may modify the discovery procedures provided by this chapter, except that the parties may not modify any discovery procedure if the effect of the modification would be to impair or delay: A prehearing conference; An order specifying the time for filing a motion or other paper; or The hearing. Sanctions. The EMS Board or administrative law judge, as appropriate, may impose sanctions against any party for failing to: Provide all other parties with a list of all witnesses, including expert witnesses; and Fully comply with a discovery request. The sanctions may include, but are not limited to: Refusing to admit the testimony of a witness who was not disclosed as required by this chapter; Refusing to admit a report prepared by an expert; Refusing the failing party the ability to support or oppose designated claims, defenses, or matters by introducing any documentary or testimonial evidence that was not disclosed under a discovery request; and Dismissing the contested case. Unless otherwise provided by law or by agreement of the parties, no other discovery procedure may be noticed. Copies of requested documents and records shall be made at the expense of the party making the request. The EMS Board or the administrative law judge, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing. The EMS Board or the administrative law judge, as appropriate, may require the parties to submit information before the prehearing conference. The EMS Board or the administrative law judge, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call as well as copies of the documents that will be used for direct examination during the hearing. Failure to comply in good faith with this order is grounds to refuse to admit: A report of that expert; or Any document not furnished to the other parties. A prehearing conference may be convened to address the following matters: Factual and legal issues; Stipulations and admissions of fact; Stipulations as to the authenticity and admissibility of documents; Requests for official notice; Identification and exchange of documentary evidence; Admissibility of evidence; Identification and qualification of witnesses; Motions; Discovery disputes; Order of presentation; Scheduling; Settlement possibilities or conferences; and Any other matter than will promote the orderly and prompt conduct of the hearing. Conduct. At the discretion of the EMS Board or the administrative law judge, as appropriate, all or part of the prehearing conference may be recorded. The prehearing conference may be conducted by telephone, video, or other electronic means. Prehearing Orders. The EMS Board or the administrative law judge, as appropriate, may issue a prehearing order addressing any matter raised at the prehearing conference. The prehearing order is part of the record. Whether or not a prehearing conference is held, the EMS Board or the administrative law judge, as appropriate, may issue a prehearing order to regulate the conduct of the proceedings. All parties shall be bound by the EMS Board's or administrative law judge's prehearing order regardless of whether a party attends a prehearing conference. Stipulations. The parties, by stipulation, may agree to any substantive or procedural matter. A stipulation may be filed in writing or entered on the record at the hearing. Affidavits. The EMS Board or the administrative law judge, as appropriate, may admit an affidavit as evidence. Issuance of Subpoenas. In addition to any authority to issue subpoenas in COMAR 30.02.05.10, upon the request of a party, the EMS Board or Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing. Request for Subpoenas. A request for issuance of a subpoena shall: Be made in writing to the EMS Board or Office of Administrative Hearings, as appropriate; and State: The name and address of the individual to be subpoenaed, If production of documents or tangible items is sought, a particular description of the documents or tangible items sought, and The name, address, and telephone number of the party requesting the subpoena; and Be mailed to each party. To the extent practicable, a request for subpoena shall be filed at least 30 days before: A prehearing conference, if one has been scheduled; or The hearing, if no prehearing conference has been scheduled. Service of Subpoenas. A subpoena may be served by personal service, by certified mail, or by mail. If the subpoena is served by an individual other than the Office of Administrative Hearings, a certificate of service attesting to the method of service and date of service shall be filed with the EMS Board or Office of Administrative Hearings, as appropriate. Objections to Subpoenas. A party or an individual who has been served a subpoena may object to the subpoena by filing a motion to modify or quash the subpoena within 10 days of service of the subpoena or by the date of the hearing, whichever is earlier. Process. Unless otherwise provided by this chapter, a party: May move for appropriate relief before or during a hearing; and Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing. A written motion shall: Be filed not later than: 10 days before the date of a prehearing conference, or 20 days before the date of the hearing; State concisely the question to be determined; Be accompanied by all supporting documentation; Be accompanied by a memorandum of points and authorities; and Be served on each party. A response to a written motion shall be filed on the earlier of: 10 days after service of the motion; or The date of the hearing. The EMS Board or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion. Decision. The EMS Board or the administrative law judge, as appropriate, may reserve ruling on a motion until after a hearing. The EMS Board may issue a written decision or state the decision on the record. The administrative law judge may issue a ruling on the motion. If a ruling on a motion is reserved, the ruling shall be in writing and may be included in the final decision. Failure of a party to attend a scheduled hearing may be grounds for a decision adverse to that party. The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter. Motion to Dismiss. Upon motion, the EMS Board or the administrative law judge, as appropriate, may issue a proposed decision or final decision dismissing: An agency action; or A request for hearing which fails to state a claim for which agency relief may be granted. Motion for Summary Decision. A party may move for summary decision on any substantive issue in the case. Upon written motion, a proposed decision or a final decision may dismiss a request for hearing if the EMS Board or the administrative law judge, as appropriate, finds that: There is no genuine issue as to any material fact; and The moving party is entitled to prevail as a matter of law. Motion for Postponement. The EMS Board or the administrative law judge, as appropriate, may postpone or continue a hearing: For good cause; or Upon a joint request of the parties. Absent extenuating circumstances, a hearing may be postponed only upon written request filed not later than 10 days before the hearing and served on all parties. The failure of the respondent to retain counsel or to timely request a subpoena is not considered good cause for the purposes of a postponement. Upon postponement, the hearing shall be rescheduled for a date certain. On a genuine issue in a contested case, each party is entitled to: Call witnesses; Offer evidence, including rebuttal evidence; Cross-examine opposing witnesses; and Make opening and closing statements. Telephone Hearings. The EMS Board or the administrative law judge, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means, by consent of all parties. All substantive and procedural rights apply to telephone, video or other electronic hearings, subject only to the limitations of the physical arrangement. Documentary Evidence. For a telephone hearing, a party shall provide documentary evidence to be offered to all parties so that it is received by each party and the EMS Board or the administrative law judge, as appropriate, at least 5 days before the hearing. Default. For a telephone hearing, the following may be considered a failure to appear and grounds for a default: Failure to answer the telephone for 15 minutes; Failure to free the telephone for a hearing; or Any other failure without good cause to be ready to proceed with the hearing as scheduled. At least 6 members of the EMS Board shall be present for EMS Board hearings. Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland. Evidence may not be excluded solely on the grounds that it is hearsay. Exclusion of Witnesses. Upon request by a party, the EMS Board or the administrative law judge, as appropriate, may exclude witnesses other than parties from the hearing room. The EMS Board or the administrative law judge, as appropriate, may order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence. An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony. Prefiled Testimony. In the discretion of the EMS Board or the administrative law judge, as appropriate, testimony may be received in written form. The testimony shall be filed with the EMS Board or the administrative law judge, as appropriate, and served on opposing parties so that it is received at least 5 days before the hearing. Expert testimony may be accepted by the EMS Board or the administrative law judge, as appropriate, if the testimony, as proffered, would aid in an understanding of the case. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the EMS Board or the administrative law judge, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing. An interpreter shall take an oath or affirmation that the interpreter will accurately translate. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the EMS Board may issue a final decision or the administrative law judge may issue a proposed decision, as appropriate, against the defaulting party. Within 7 days after service of a default order, the party may file a written motion: Requesting that the default order be vacated or modified; and Stating the grounds for the request. If the EMS Board or administrative law judge, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the EMS Board or administrative law judge, as appropriate, may vacate the default order. A final default order is: A final decision; and Reviewable as a final decision. In any proceeding under this chapter, the EMS Board bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action. In a proceeding following notice by the EMS Board that the EMS Board intends to suspend or revoke a certificate or license, the EMS Board bears the burden or persuasion that the certificate or license should be revoked or suspended. In a proceeding to issue an order for sanctions, the EMS Board bears the burden of persuasion that the order be issued. In a proceeding following notice that the EMS Board intends to deny licensure or certification or renewal of a license or certificate, the individual has the burden of persuasion that the license or certificate should be issued or renewed. The EMS Board or the administrative law judge, as appropriate, shall find against a party with the burden of: Going forward if that party has not presented sufficient evidence to establish a prima facie case for the party's claim or defense; or Persuasion if that party has not presented evidence sufficient to establish the correctness of the party's claim or defense by a preponderance of the evidence. The EMS Board or the Office of Administrative Hearings, as appropriate, shall prepare an official record of each hearing. The record shall consist of: Any document giving rise to the proceeding; Any request for the hearing; Notices of all proceedings; Any prehearing order; Motions, pleadings, briefs, petitions, requests, and intermediate rulings; Evidence received or considered; A statement of each fact officially noticed; Proffers of proof, objections, and rulings on them; Proposed and final findings of fact, conclusions of law, and requested orders; Matters placed on the record after an ex parte communication; A recording of the hearing, any transcript of the recording, or any transcript prepared by a court reporting service; and Any order. A party or a party's representative may not communicate ex parte with members of the EMS Board or an administrative law judge regarding the merits of any issue in the hearing. Members of the EMS Board may communicate with: MIEMSS staff or the Office of Administrative Hearings staff who otherwise do not participate in the contested case; or Any counsel for the EMS Board who otherwise does not participate in the contested case. Actions taken by the EMS Board or an administrative law judge following an ex parte communication shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The hearing shall be recorded by tape recording. Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription. In any matter which has been delegated to the Office of Administrative Hearings, the administrative law judge shall issue proposed findings of fact and conclusions of law and a proposed decision which shall be served upon the parties. In any matter which has been delegated to the Office of Administrative Hearings, the parties may file exceptions with the EMS Board within 20 days of receiving the proposed decision. A response to the exceptions may be filed within 15 days from the filing of the exceptions. If either party orders a transcript of the hearing before the Office of Administrative Hearings within 10 days of receiving the proposed decision, the time for filing exceptions is automatically extended to 20 days from the date the transcript is received. The exceptions or response shall: Contain the legal and factual basis for the exceptions or response; and Be accompanied by copies of any portions of the record referred to in the exceptions. A party who desires a transcript to be made a part of the proceedings shall, at the party's own expense, file a copy of the transcript with the EMS Board. Upon a showing of good cause, the EMS Board may grant an extension for the filing of exceptions or any response. The parties may request oral argument on the exceptions. If oral argument is requested, a hearing shall be set as soon as practicable and all parties shall be notified of the date, time, and place for oral argument. The presiding officer, ordinarily the Chair or Vice-Chair of the EMS Board, may limit the time given to each party for oral argument. The presiding officer, ordinarily the Chair or Vice-Chair of the EMS Board, shall determine all procedural issues and may make any rulings necessary to facilitate the effective and efficient consideration of the exceptions. If oral argument is not requested the EMS Board shall: Consider the matter as soon as practicable; and Notify all parties of the date that the matter will be considered. The entire record shall be provided to the Chair of the EMS Board before consideration of the exceptions. Copies of the exceptions, responses, and any accompanying documents shall be provided to the EMS Board at least 5 days before the matter is to be considered. Additional evidence may not be introduced upon consideration of exceptions unless the party seeking to introduce it: Requests leave to submit the evidence at least 15 days before the EMS Board considers the exceptions; and Demonstrates to the satisfaction of the EMS Board that the new evidence: Is relevant and material, Was not discovered before the hearing, and Could not have been discovered before the hearing with the exercise of due diligence. A majority of the EMS Board shall be present to consider the exceptions. In any matter which has been delegated to the Office of Administrative Hearings after considering the record and any exceptions, the EMS Board by majority vote of those present shall: Adopt the proposed decision as the final decision of the agency; Modify the proposed findings of fact, proposed conclusions of law, or proposed disposition, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency; Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or Remand the matter for further proceedings. In any matter which has not been delegated to the Office of Administrative Hearings as soon as practicable after the conclusion of the hearing, the EMS Board shall issue a written decision. The decision of the EMS Board is the final decision of the agency for purposes of judicial review. Unless the matter is remanded for further proceedings, or a motion for reconsideration is filed, the date of the written decision of the EMS Board is the date of the final decision of the agency for purposes of judicial review. A final decision shall: Be in writing; Be served on all parties; and Contain: Findings of fact and conclusions of law, separately stated, An order, and A statement of the available procedures and time limitations for review. In the event of fraud, mistake, or irregularity, a final decision may be reconsidered and corrected at any time. A party who is aggrieved by a final decision is entitled to judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The EMS Board shall be a party to the proceeding. Education Article, §13-516; State Government Article, §10-205; Annotated Code of Maryland Effective date: January 1, 1999 (25:26 Md. R. 1926) Regulation .22B amended effective July 1, 2002 (29:12 Md. R. 930)