Plain Text Law

Title 32 — Subtitle 01. Procedural Regulations

Chapter 01. Procedures for Hearings before the Secretary

Regulation .01 Scope.Copy Citation

A.
These regulations apply to all formal hearings before the Secretary of Aging or a hearing officer designated by the Secretary.
B.
These regulations do not apply to or limit the authority of a hearing officer to hold additional conferences or informal proceedings at which no formal ruling or decision is made.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Department” means the Department of Aging.
(2)
“Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(3)
“Secretary” means the Secretary of Aging.

Regulation .03 Commencement of Procedures.Copy Citation

A.
A person entitled to request a hearing before the Secretary may do so by filing a written request for a hearing with the Secretary.
B.
The request for a hearing shall include:
(1)
The name, address, and telephone number of the party filing the request;
(2)
The decision, order, action, or inaction which is the subject of the appeal; and
(3)
A brief statement of the grounds for appeal to be raised at the hearing.
C.
The petition shall be filed in the Office of the Secretary by the party filing the request within 30 days of the action which is the subject of the petition. The request for a hearing shall be deemed timely if it is mailed or received within 30 days.

Regulation .04 Notice of Hearing.Copy Citation

A.
The Secretary or the Secretary's designee shall send written notice of the hearing, not later than 20 days before the beginning of the hearing, to the party requesting the hearing and any other interested party who is entitled to participate or has been given leave to participate under Regulation .05 of this chapter.
B.
The notice of hearing shall specify the:
(1)
Date, time, and place of the hearing;
(2)
Legal authority and jurisdiction under which the hearing is to be held, including citation to any statute or regulation that is pertinent;
(3)
Nature and subject matter of the hearing;
(4)
Asserted grounds for appeal to be raised at the hearing;
(5)
Name, mailing address, and telephone number of the presiding officer and of each party to whom the notice is sent; and
(6)
Name, title, address, and telephone number of any attorney who has been designated to appear for the Secretary at the hearing.
C.
The notice shall be accompanied by a copy of any prehearing order rendered before the date of the notice.

Regulation .05 Parties Representation.Copy Citation

A.
The parties shall consist of:
(1)
The party requesting the hearing;
(2)
A person entitled as of right to participate as a party; and
(3)
A person who applies for and is granted leave to participate as a party upon a satisfactory showing of interest in the matter, including a person admitted as a party for a limited purpose.
B.
Parties shall have the right to:
(1)
Appear in proper person or by or with counsel;
(2)
Be accompanied, represented, and advised by counsel.

Regulation .06 Time and Place for Hearing.Copy Citation

The hearing shall be:
A.
Held within 90 days of the date on which the Secretary receives the request for a hearing, unless by consent of all parties another hearing date is selected;
B.
Open to the public, and may not be held at a time or in a place that would unreasonably deter the attendance of members of the public.

Regulation .07 The Presiding Officer.Copy Citation

A.
The Secretary may, at the Secretary's discretion, appoint a hearing officer to serve as presiding officer at the hearing and prepare proposed findings of fact and proposed conclusions of law.
B.
If the Secretary elects not to appoint a hearing officer, then the hearing shall be conducted before the Secretary.
C.
Powers of the Presiding Officer. The presiding officer shall have the authority and duty to conduct a full, fair, and impartial hearing, to take action to avoid unnecessary delay in the resolution of the case, and to maintain order. Specifically, but without limitation, the presiding officer shall have the power to:
(1)
Regulate the course of the hearing, the scope of the issues, and the conduct of the parties and their counsel;
(2)
Administer oaths and affirmations;
(3)
Admit evidence and rule on the admissibility of evidence;
(4)
Consider and decide all procedural, preliminary, and other motions, including applications for leave to participate under Regulation .05A(3) of this chapter;
(5)
Examine witnesses and call witnesses not otherwise called by the parties;
(6)
Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;
(7)
Require parties to submit prehearing or posthearing briefs, proposed findings of fact, proposed conclusions of law, and stipulations;
(8)
Adjourn or recess the hearing from time to time, and grant continuances for good cause shown;
(9)
Determine whether a prehearing conference should be held, and, if so, preside at the prehearing conference; and
(10)
Make decisions and take any other appropriate actions authorized by law.
D.
Duties of the Presiding Officer if a Party is not Represented by an Attorney.
(1)
The presiding officer shall provide the party with a copy of these regulations and shall satisfy himself that the party:
(a)
Understands the nature of the proceedings;
(b)
Understands the language and intent of these regulations; and
(c)
Is cognizant of the rights to which he may be entitled under any applicable statutes governing the subject of the hearing and the rights under these regulations.
(2)
If the presiding officer is unable to satisfy himself that the party is fully informed as to these matters, the presiding officer shall continue the hearing for a reasonable time, and provide the party with a list of legal assistance providers. If the party remains unrepresented, the hearing officer shall note this on the record.
(3)
At the time the decision or order is rendered, the hearing officer shall fully apprise an unrepresented party of his right to an appeal from a decision or order and the methods and procedures by which an appeal can be made.
E.
An individual may not serve as a hearing officer if the individual:
(1)
Has personal knowledge of or personal interest in the matter that is the subject of the hearing;
(2)
Is related to or maintains an ongoing business or social relationship with a person who either is involved in the matter that is the subject of the hearing or will appear as a witness;
(3)
Is currently employed or was formerly employed by a party; or
(4)
Is biased, prejudiced, or otherwise incapable of discharging impartially the duties of a hearing officer.
F.
A party who has reason to believe that grounds exist for the disqualification of a hearing officer shall immediately file a petition for disqualification. The petition shall be addressed to the Secretary, and shall state with particularity the grounds upon which it is based. The Secretary may invite responses from other parties and the person whose disqualification is sought. The Secretary shall rule promptly on the petition, and shall indicate in writing the reasons for the decision and the facts upon which it is based.

Regulation .08 Prehearing Procedure.Copy Citation

A.
Discovery and Disclosure.
(1)
Although parties are not entitled to compel discovery, they are encouraged to cooperate as much as possible in complying with good-faith requests for informal discovery.
(2)
A party shall have the right to review at reasonable hours and locations and to copy at its own expense any document that is accessible under the Maryland Access to Public Records Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(3)
If required by the presiding officer, each party shall produce and make available to all other parties and to the presiding officer, in advance of the hearing, a copy of each document that the party intends to offer into evidence, and a list of all witnesses who will testify at the hearing for that party. The presiding officer may prohibit the introduction of any documentary or testimonial evidence not disclosed before the hearing as provided in this section.
B.
Prehearing Conference.
(1)
Before the hearing, the presiding officer may hold a prehearing conference. The principal purpose of the prehearing conference is to simplify the hearing by resolving preliminary matters.
(2)
The presiding officer shall give written notice to all parties of the date, time, and place of the prehearing conference.
(3)
At the discretion of the presiding officer, and subject to the consent of the parties, the prehearing conference may be conducted by telephone or other electronic means.
(4)
The following subjects may be considered or decided at the prehearing conference:
(a)
Stipulations and admissions of fact;
(b)
Stipulations as to the authenticity and admissibility of documents;
(c)
Evidentiary objections;
(d)
Pending motions;
(e)
The timetable for filing prehearing briefs and posthearing submissions;
(f)
Problems relating to the sequence, scheduling, and qualification of witnesses;
(g)
Settlement possibilities; and
(h)
Any other matter relating to the conduct, scope, or substance of the hearing.
C.
Prehearing Order.
(1)
If a prehearing conference is held, the presiding officer shall prepare after the prehearing conference and send to all parties, a written prehearing order reciting the subjects discussed and actions taken.
(2)
If a prehearing conference is not held, the presiding officer shall resolve any preliminary matters by issuing and sending to all parties an appropriate prehearing order.
(3)
The prehearing order shall become part of the record of the case.
D.
Motions.
(1)
Motions shall be in writing and shall be filed not later than 10 days before the date of the prehearing conference or 20 days before the date of the hearing, whichever is earlier. Copies of motions shall be served by first-class mail or hand-delivery on all parties.
(2)
A party wishing to oppose a motion shall file a written opposition within 7 days of receipt of the motion, and shall serve copies of the opposition on all parties in the manner prescribed in §D(1) of this regulation.
(3)
For good cause shown, the presiding officer may extend or shorten any of the time limits for filing or opposing a motion. The time limits may also be extended or shortened by mutual consent of all parties, provided, however, that a deadline may not be extended beyond the date of the prehearing conference or, in the absence of a prehearing conference, the date of the hearing.
(4)
If a party so requests in a motion or opposition, oral argument on the motion shall be permitted at the prehearing conference, at a specially convened motion hearing, or before the beginning of the hearing. The presiding officer may limit each party's time for oral argument.
E.
Postponement of Hearing. Upon written request, the presiding officer may grant a postponement of the hearing. Except in extraordinary circumstances, requests for postponement shall be denied if made after the date of the prehearing conference. A request for postponement may not be granted unless the party making the request shows that the request is made in good faith and that hardship will result from its denial.

Regulation .09 Conduct of Hearing.Copy Citation

A.
Rights of the Parties. Each party shall be entitled at the hearing to:
(1)
Call witnesses;
(2)
Offer evidence, including rebuttal evidence;
(3)
Cross-examine opposing witnesses; and
(4)
Present summation and argument.
B.
Record of Hearing.
(1)
The presiding officer shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the case.
(2)
The hearing shall be recorded by tape recording, stenographic notes, or other means, at the expense of the Department. The record need not be transcribed unless requested by the Secretary, the presiding officer, or a party.
(3)
The cost of transcription shall be paid by the party requesting the transcript, except:
(a)
The cost shall be paid by the Department if the person requesting the transcript is the Secretary or the presiding officer; or
(b)
For good cause shown, the Secretary may order the cost to be paid by the Department.
C.
Evidence.
(1)
The presiding officer is not bound by the technical rules of evidence.
(2)
The presiding officer may accept into evidence any testimonial or documentary evidence that possesses probative value.
(3)
Upon proper objection, the presiding officer may exclude evidence that is incompetent, irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of a privilege recognized by law.
(4)
Expert testimony may be accepted by the presiding officer if, in the presiding officer's opinion, the testimony as proffered would aid in an understanding of the case.
(5)
Evidence may not be excluded solely on the ground that it constitutes hearsay, but shall be given the weight it deserves in light of the entire case.
D.
Order of Procedure and Burden of Proof. The presiding officer shall determine the:
(1)
Order in which the parties shall present their case;
(2)
Burden of proof.

Regulation .10 Posthearing Submissions.Copy Citation

A.
The presiding officer may require the parties to submit posthearing briefs, and may also require the submission of proposed findings of fact and proposed conclusions of law.
B.
The presiding officer, by appropriate order, may:
(1)
Establish a schedule for the filing of posthearing submissions;
(2)
Require the parties to address specified issues; and
(3)
Establish page limitations or other restrictions on the scope of posthearing submissions.

Regulation .11 Decision and Order.Copy Citation

A.
Generally. Each case shall be decided on the basis of credible evidence, exclusively on the record, and according to the applicable burdens of proof.
B.
Cases Tried Before a Hearing Officer.
(1)
As soon as practicable after the conclusion of the hearing and, if required, the filing of posthearing submissions, the hearing officer shall submit to the parties and the Secretary a written report consisting of proposed findings of fact, proposed conclusions of law, and a recommended decision or remedy.
(2)
Each party shall have 20 days from the date of receipt of the hearing officer's report in which to file written exceptions with the Secretary. Copies of exceptions shall be served by first-class mail or hand-delivered on all other parties, who shall then have 10 days from the date of receipt to file, and serve on all parties in the manner specified in the preceding sentence, written comments on the exceptions. These time limitations may not be extended except with the approval of the Secretary.
(3)
If a party files exceptions, the Secretary shall set a time for the presentation of oral argument by a party that wishes to be heard. The Secretary shall notify all parties of the date, time, and place of oral argument. At the Secretary's discretion, the Secretary may limit the time given to each party to present oral argument.
(4)
After hearing oral argument and considering the record as appropriate, the Secretary shall:
(a)
Adopt the hearing officer's report as the final decision of the agency;
(b)
Modify the hearing officer's proposed findings of fact, proposed conclusions of law, or proposed decision or remedy, in whole or in part, and then adopt the report with modifications as the final decision of the agency; or
(c)
Remand the matter to the hearing officer for further proceedings.
(5)
The decision of the Secretary shall be communicated in writing to all parties. The Secretary's decision shall include a specific ruling on each exception. It shall also include a short and plain statement of the available procedures and time limitations for seeking judicial review. Unless the matter is remanded for further proceedings, the date of the written decision shall be the date of the final decision of the agency.
(6)
The Secretary may not entertain motions for reconsideration or applications for stay pending judicial appeal.
C.
Cases Tried Before the Secretary. If the Secretary elects not to appoint a hearing officer, then as soon as practicable after the conclusion of the hearing and, if required, the filing of posthearing submission, the Secretary shall render in writing a final decision. The final decision shall contain findings of fact, conclusions of law, and the decision or remedy. Copies of the final decision shall be mailed to all parties. The final decision shall include a short and plain statement of the available procedures and time limitations for seeking judicial review. The Secretary may not entertain motions for reconsideration or applications for stay pending judicial appeal.

Regulation .12 Ex Parte Communication.Copy Citation

A.
The presiding officer may not communicate, directly or indirectly, with any party or person who has an interest or is otherwise involved in the hearing, including employees of the Department, without giving notice to all parties and an opportunity, if appropriate, to participate. The same prohibition shall apply to the Secretary, except that the Secretary may not be prohibited from communicating with counsel concerning a case pending before the Secretary.
B.
A party or a party's representative may not communicate directly with a presiding officer or Secretary concerning a pending case except by:
(1)
Written communication submitted to the hearing officer and served on the other parties or their representatives; or
(2)
Oral communication with the hearing officer in the presence of all other parties or their representatives.

Chapter 02. Public Information Act Requests

Regulation .01 General.Copy Citation

These regulations set out procedures for filing requests with the Department of Aging for the inspection and copying of records under the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information. These regulations also protect the confidentiality of certain information collected from program participants in the conduct of the Department's responsibilities, in accordance with 45 CFR §1321.51.

Regulation .02 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Act” means the Public Information Act, State Government Article, §§10-611—10-628, Annotated Code of Maryland.
(2)
“Applicant” means a person requesting disclosure of public records.
(3)
“Custodian” means an authorized person employed by the Department having personal custody and control of public records of the Department.
(4)
“Department” means the Maryland Department of Aging.
(5)
“Official custodian” means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Secretary is the official custodian of the Department's records.
(6)
Participant.
(a)
“Participant” means an individual who applies for, receives, or participates in any service, benefit, or program administered, sponsored, funded, or regulated in whole or in part by the Department, including a service, benefit, or program which is administered, sponsored, funded, or regulated in conjunction with an area agency on aging.
(b)
“Participant” does not include an applicant or holder of a contract, grant, license, or certificate by the Department, or a provider of any service, benefit, or program which is administered, sponsored, funded, or regulated by the Department.
(7)
“Person in interest” means:
(a)
An individual who is the subject of a public record; or
(b)
An authorized representative of the individual.
(8)
Public Records.
(a)
“Public records” means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.
(b)
“Public records” includes:
(i)
All copies made or received by the Department in connection with the transaction of public business;
(ii)
The salaries of all employees of the Department.
(9)
“Secretary” means the Secretary of Aging.
(10)
Sociological information.
(a)
“Sociological information” means information that names or, with reasonable certainty, otherwise identifies a participant.
(b)
“Sociological information” includes the following information about a participant:
(i)
Name;
(ii)
Social Security number;
(iii)
Personal street address;
(iv)
Personal phone number;
(v)
Date of birth;
(vi)
Medical assistance number; and
(vii)
Identity of participant's relatives, emergency contacts, or representatives.
(c)
To the extent that such information, in combination, may identify a participant, “sociological information” also includes the following information about a participant:
(i)
Age, gender, race, religious preference, disabilities, or sexual orientation;
(ii)
Marital status or living arrangements;
(iii)
Education;
(iv)
Work history;
(v)
Military service;
(vi)
Medical information, including treatments or medications;
(vii)
Financial information, including income and assets;
(viii)
Assessment of participant's ability to perform routine activities of daily living;
(ix)
Assessment of participant's medical, financial, transportation, social, or housing needs; and
(x)
Information related to receipt of any government benefits.
(11)
“Working day” means a day other than Saturday, Sunday, or State holiday.
(12)
“Written documents” means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.

Regulation .03 Who May Request.Copy Citation

Any person may request to inspect or copy public records of the Department.

Regulation .04 Necessity for Written Request.Copy Citation

A.
Inspections.
(1)
Except as otherwise provided in this chapter, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.
(2)
The custodian shall require a written request if:
(a)
The custodian reasonably believes that the Act of any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request; or
(b)
The requested record contains sociological information.
B.
Copies. If the applicant is requesting a copy of any public record, the custodian may require a written request by the applicant.

Regulation .05 Contents of Written Request.Copy Citation

A written request shall:
A.
Contain the applicant's name and address;
B.
Be signed by the applicant; and
C.
Reasonably identify by brief description the record sought.

Regulation .06 Filing Written Request.Copy Citation

A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary.

Regulation .07 Response to Written Request.Copy Citation

A.
If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when this period of time is needed to retrieve the information.
B.
If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and immediately upon deciding to deny the request, notify the applicant of the denial.
C.
If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D.
With the consent of the applicant, any time limit imposed by this regulation may be extended for an additional period not to exceed 30 days.

Regulation .08 Notification of Persons Who May be Affected by Disclosure.Copy Citation

Unless prohibited by law, the custodian should notify any person who could be adversely affected by disclosure of a record that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.

Regulation .09 Records Temporarily Unavailable.Copy Citation

If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.

Regulation .10 Records Destroyed or Lost.Copy Citation

If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the record cannot be produced.

Regulation .11 Review of the Denial.Copy Citation

A.
If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B.
If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Director, and the hearing shall be governed by State Government Article, §§10-205—10-214, Annotated Code of Maryland. After the hearing, the hearing officer shall prepare a recommended decision for the Secretary. The Secretary shall issue the final decision of the Department.
C.
If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D.
If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under §10-623 of the Act without exhausting that administrative remedy.

Regulation .12 Disclosure Against Public Interest.Copy Citation

If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.

Regulation .13 Sociological Information.Copy Citation

A.
The Department, or an area agency on aging which collects sociological information as directed by the Department, may not disclose any part of a public record containing sociological information to an applicant, except that sociological information may be disclosed:
(1)
To public employees in the performance of their public duties, including authorized federal, State, or local agencies for monitoring of programs initiated pursuant to the Older American Act, 42 U.S.C. §§3001—3058ee;
(2)
To an authorized agent or employee assisting a public employee in the performance of public duties;
(3)
To the person in interest;
(4)
With the consent of the person in interest;
(5)
Pursuant to a court order; or
(6)
If disclosure is otherwise required by law.
B.
The Department, or an area agency on aging which collects sociological information as directed by the Department, may issue public reports which summarize and discuss data compiled from sociological information, as long as the information cannot be used to identify a participant.

Regulation .14 Fees.Copy Citation

A.
The fee schedule for copying and certifying copies of records is as follows:
(1)
Copies. The fee for each copy is 15 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying, for example, punch cards, magnetic tapes, blueprints, and microfilm, the fee for copies shall be based on the actual cost of reproduction.
(2)
Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of $1 per page or, if appropriate, per item shall be charged.
(3)
Minimum Fee Charged. A charge may not be made if the total amount of the fee is $1 or less.
B.
Notwithstanding §A of this regulation, if the fees for copies, printouts, photographs, or certified copies of any record are specifically prescribed by a law other than the Act or this regulation, the prescribed fee shall be charged.
C.
If the custodian is unable to copy a record within the Department, the custodian shall make arrangements for the prompt reproduction of the record at public or private facilities outside the Department. The custodian shall either collect from the applicant a fee to cover the actual cost of reproduction or direct the applicant to pay the cost of reproduction directly to the facility making the copy.
D.
Before copying a record, the custodian shall estimate the cost of reproduction and either obtain the agreement of the applicant to pay the cost or demand prepayment of any estimated fee before reproducing the record.
E.
Except as provided in §F of this regulation, the official custodian may charge reasonable fees for the official's or employee's time expended searching for requested records or for any time expended preparing records for inspection and copying.
F.
The official custodian may not charge any search or preparation fee for the first 2 hours of official or employee time that is needed to respond to a request for information.
G.
Upon request, the official custodian may waive or reduce any fee charged pursuant to this regulation if the custodian determines that the waiver or reduction is in the public interest. The official custodian shall consider, among other relevant factors, the ability of the applicant to pay the cost or fee.
H.
If the applicant requests that copies be mailed or delivered to the applicant, the custodian may charge the applicant for the cost of postage or delivery to the applicant.

Regulation .15 Time of Inspection.Copy Citation

An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.

Regulation .16 Place of Inspection.Copy Citation

The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.

Chapter 03. Open Meetings—Attendance, Recording, Photographing, and Broadcasting of Sessions

Regulation .01 Definition.Copy Citation

“Public body” means the entity defined in State Government Article, §10-502(h), Annotated Code of Maryland.

Regulation .02 Public Attendance.Copy Citation

A.
At any open session of a public body of the Department of Aging, the general public is invited to attend and observe.
B.
Except in instances when a public body of the Department on Aging expressly invites public testimony, questions, comments, or other forms of public participation, or when public participation is otherwise authorized by law, a member of the public attending an open session may not participate in the session.

Regulation .03 Disruptive Conduct.Copy Citation

A.
Prohibition. An individual attending an open session of a public body of the Department of Aging may not engage in any conduct, including visual demonstrations such as the waving of placards, signs, or banners, that disrupts the session or that interferes with the right of members of the public to attend and observe the session.
B.
Action to Restore Order. The presiding officer may:
(1)
Order an individual who persists in conduct prohibited by §A of this regulation, or who violates any other regulation concerning the conduct of the open session, to be removed from the session;
(2)
Request police assistance to restore order; and
(3)
Recess the session while order is restored.

Regulation .04 Recording, Photographing, and Broadcasting of Open Sessions.Copy Citation

A.
A member of the public, including a representative of the news media, may record discussions of a public body of the Department of Aging at an open session by means of a tape recorder or any other recording device, if the:
(1)
Device does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2)
Device does not otherwise interfere with an individual's observation of or participation in the session; and
(3)
Recording is done openly so that it is obvious to those in attendance that the session is being recorded.
B.
A member of the public, including a representative of the news media, may photograph or videotape the proceedings of a public body of the Department of Aging at an open session by means of any type of camera if the camera:
(1)
Is operated without excessively bright artificial light that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(3)
Does not otherwise interfere with an individual's observation of or participation in the session; and
(4)
Is used openly so that it is obvious to those in attendance that the session is being recorded.
C.
A representative of the news media may broadcast or televise the proceedings of a public body of the Department of Aging at an open session if the equipment used:
(1)
Is operated without excessively bright artificial light that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(2)
Does not create an excessive noise that disturbs members of a public body of the Department of Aging or other individuals attending the session;
(3)
Does not otherwise interfere with an individual's observation of or participation in the session; and
(4)
Is used openly so that it is obvious to those in attendance that the session is being broadcast or televised.
D.
The presiding officer may restrict the movement of an individual who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the session.
E.
A public body of the Department of Aging may require that an individual who intends to record, photograph, videotape, broadcast, or televise an open session register in advance of the beginning of the meeting.

Regulation .05 Recordings Not Part of Record.Copy Citation

A recording of an open session made by a member of the public or any transcript derived from this recording is not considered a part of the record of any proceeding of a public body of the Department of Aging.

Chapter 04. Declaratory Ruling

Regulation .01 Definitions.Copy Citation

A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Declaratory ruling” means a ruling made by a promulgating authority with respect to the manner in which the promulgating authority would apply a regulation or order of the promulgating authority, or a statute that the promulgating authority enforces, to a person or a property based on a given set of facts.
(2)
“Department” means the Department of Aging.
(3)
“Person” means:
(a)
An individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind;
(b)
A partnership, firm, association, corporation, or other entity; or
(c)
A political subdivision of the State or an instrumentality of a political subdivision.
(4)
“Promulgating authority” means the promulgating authority's designee or an officer or unit of the Department that is authorized by law to adopt regulations subject to State Government Article, §§10-101—10-139, Annotated Code of Maryland, or adjudicate contested cases subject to State Government Article, §§10-201—10-226, Annotated Code of Maryland.

Regulation .02 Petition for Declaratory Ruling.Copy Citation

A.
An interested person may file with the promulgating authority a petition for a declaratory ruling.
B.
The petition for a declaratory ruling shall be filed in writing and shall describe in detail:
(1)
The interest of the petitioner in making the request;
(2)
The issues involved;
(3)
A detailed statement of the facts;
(4)
A list of documents or statements the petitioner believes should be considered; and
(5)
A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person's knowledge and belief.

Regulation .03 Consideration and Disposition.Copy Citation

A.
The promulgating authority:
(1)
Shall consider the petition and may issue the declaratory ruling requested; and
(2)
Shall notify the petitioner in writing of the action decided upon and state the reasons for the decision.
B.
Publication and Inspection.
(1)
The promulgating authority shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statutes or regulations involved.
(2)
The promulgating authority may publish declaratory rulings of general interest subject to the mandates of the Public Information Act, State Government Article, §10-601 et seq., Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to the Public Information Act.

Regulation .04 Appeal.Copy Citation

A declaratory ruling is subject to judicial review as provided in State Government Article, §10-305, Annotated Code of Maryland.