The purpose of this subtitle is to: (1) ensure the right of all persons to be treated in a fair and unbiased manner in their efforts to resolve disputes in administrative proceedings governed by this subtitle; and (2) promote prompt, effective, and efficient government.
(a) In this subtitle the following words have the meanings indicated. (b) “Agency” means: (1) an officer or unit of the State government authorized by law to adjudicate contested cases; or (2) a unit that: (i) is created by general law; (ii) operates in at least 2 counties; and (iii) is authorized by law to adjudicate contested cases. (c) “Agency head” means: (1) an […]
(a) This subtitle does not apply to: (1) the Legislative Branch of the State government or an agency of the Legislative Branch; (2) the Judicial Branch of the State government or an agency of the Judicial Branch; (3) the following agencies of the Executive Branch of the State government: (i) the Governor; (ii) the Department of Assessments and Taxation; (iii) the Insurance […]
A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.
(a) (1) Except as provided in paragraph (2) of this subsection, a board, commission, or agency head authorized to conduct a contested case hearing shall: (i) conduct the hearing; or (ii) delegate the authority to conduct the contested case hearing to: 1. the Office; or 2. with the prior written approval of the Chief Administrative Law Judge, a person not employed […]
(a) (1) The Office shall adopt regulations to govern the procedures and practice in all contested cases delegated to the Office and conducted under this subtitle. (2) Unless a federal or State law requires that a federal or State procedure shall be observed, the regulations adopted under paragraph (1) of this subsection shall take precedence in the event […]
(a) An agency may not: (1) grant the right to practice law to an individual who is not authorized to practice law; (2) interfere with the right of a lawyer to practice before an agency or the Office; or (3) prohibit any party from being advised or represented at the party’s own expense by an attorney or, if permitted […]
(a) An agency shall give reasonable notice of the agency’s action. (b) The notice shall: (1) state concisely and simply: (i) the facts that are asserted; or (ii) if the facts cannot be stated in detail when the notice is given, the issues that are involved; (2) state the pertinent statutory and regulatory sections under which the agency is taking its […]
(a) An agency or the Office shall give all parties in a contested case reasonable written notice of the hearing. (b) The notice shall state: (1) the date, time, place, and nature of the hearing; (2) the right to call witnesses and submit documents or other evidence under § 10-213(f) of this subtitle; (3) any applicable right to request subpoenas […]
(a) Where a licensing statute provides for service other than by regular mail, notice under this subtitle may be sent by regular mail to the address of record of a person holding a license issued by the agency if: (1) the person is required by law to advise the agency of the address; and (2) the agency has […]
Unless otherwise precluded by law, an agency or the Office may dispose of a contested case by: (1) stipulation; (2) settlement; (3) consent order; (4) default; (5) withdrawal; (6) summary disposition; or (7) dismissal.
(a) In accordance with subsection (b) of this section, a hearing may be conducted by telephone, video conferencing, or other electronic means. (b) (1) For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means. (2) If a party establishes good cause in opposition to the holding of a […]
(a) Except as otherwise provided by law, a contested case hearing conducted by the Office shall be open to the public. (b) Hearings conducted by the Office are not subject to Subtitle 5 of this title.
(a) (1) In a contested case, a party or witness may apply to the agency for the appointment of a qualified interpreter to assist that party or witness, if the party or witness is deaf or, because of a hearing impediment, cannot readily understand or communicate the spoken English language. (2) On application of the party or witness […]
(a) (1) Each party in a contested case shall offer all of the evidence that the party wishes to have made part of the record. (2) If the agency has any evidence that the agency wishes to use in adjudicating the contested case, the agency shall make the evidence part of the record. (b) The presiding officer may admit […]
(a) Findings of fact must be based exclusively on the evidence of record in the contested case proceeding and on matters officially noticed in that proceeding. (b) In a contested case, the Office is bound by any agency regulation, declaratory ruling, prior adjudication, or other settled, preexisting policy, to the same extent as the agency is or […]
(a) Except as provided in subsection (b) of this section, all or part of proceedings in a contested case shall be transcribed if any party: (1) requests the transcription; and (2) pays any required costs. (b) If a petition for judicial review is filed in circuit court by a Maryland Medical Assistance Program recipient, applicant, or authorized representative, the […]
(a) (1) In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to: (i) file exceptions […]
The standard of proof in a contested case shall be the preponderance of evidence unless the standard of clear and convincing evidence is imposed on the agency by regulation, statute, or constitution.
The presiding officer hearing a contested case shall make a record that includes: (1) all motions and pleadings; (2) all documentary evidence that the agency or Office receives; (3) a statement of each fact of which the agency or Office has taken official notice; (4) any staff memorandum submitted to an individual who is involved in the decision making […]
