Section 10-226 – Licenses — Special Provisions
(a) (1) In this section the following words have the meanings indicated. (2) “License” means all or any part of permission that: (i) is required by law to be obtained from a unit; (ii) is not required only for revenue purposes; and (iii) is in any form, including: 1. an approval; 2. a certificate; 3. a charter; 4. a permit; or 5. a registration. (3) “Unit” means […]
Section 10-202 – Definitions
(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 […]
Section 10-216 – Exceptions
(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 […]
Section 10-203 – Scope of Subtitle
(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 […]
Section 10-204 – Political Subdivisions and Instrumentalities
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.
Section 10-205 – Delegation of Hearing Authority
(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 […]
Section 10-206 – Procedural Regulations
(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 […]
Section 10-206.1 – Legal Practice
(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 […]
Section 10-207 – Notice of Agency Action
(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 […]
Section 10-208 – Notice of Hearing
(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 […]