reglab/housing_qa huggingface dataset:
MD. State Government Code Ann. §  10-206.1 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|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 by law, other representative.    (b)    Subsection (a) of this section may not be interpreted to require the State to furnish publicly provided legal services in any proceeding under this subtitle.
MD. State Government Code Ann. §  10-207 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|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 action;        (3)    state the sanction proposed or the potential penalty, if any, as a result of the agency’s action;        (4)    unless a hearing is automatically scheduled, state that the recipient of notice of an agency’s action may have an opportunity to request a hearing, including:            (i)    what, if anything, a person must do to receive a hearing; and            (ii)    all relevant time requirements; and        (5)    state the direct consequences, sanction, potential penalty, if any, or remedy of the recipient’s failure to exercise in a timely manner the opportunity for a hearing or to appear for a scheduled hearing.    (c)    The notice of agency action under this section may be consolidated with the notice of hearing required under § 10-208 of this subtitle.    (d)    For purposes of this section, publication in the Maryland Register does not constitute reasonable notice to a party.
MD. State Government Code Ann. §  10-208 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|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 for witnesses and evidence and specify the costs, if any, associated with such a request;        (4)    that a copy of the hearing procedure is available on request and specify the costs associated with such a request;        (5)    any right or restriction pertaining to representation;        (6)    that failure to appear for the scheduled hearing may result in an adverse action against the party; and        (7)    that, unless otherwise prohibited by law, the parties may agree to the evidence and waive their right to appear at the hearing.    (c)    The notice of hearing may be consolidated with the notice of agency action required under § 10-207 of this subtitle.    (d)    For purposes of this subtitle, publication in the Maryland Register does not constitute reasonable notice to a party.
MD. State Government Code Ann. §  10-209 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-209 - Notice Mailed to Address of Licensee

    (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 been unsuccessful in giving notice in the manner otherwise provided by the licensing statute.    (b)    Upon a showing that the person neither knew nor had reasonable opportunity to know of the fact of service, a person served by regular mail under subsection (a) of this section shall be granted a hearing.    (c)    A person holding a license shall be deemed to have had a reasonable opportunity to know of the fact of service if:        (1)    the person is required by law to notify the agency of a change of address within a specified period of time;        (2)    the person failed to notify the agency in accordance with the law;        (3)    the agency or the Office mailed the notice to the address of record; and        (4)    the agency did not have actual notice of the change of address prior to service.
MD. State Government Code Ann. §  10-210 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-210 - Dispositions

    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.
MD. State Government Code Ann. §  10-211 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-211 - Hearings Conducted by Electronic Means

    (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 hearing by telephone or other similar audio electronic means, the hearing shall be held in person or by video conferencing or other similar audiovisual electronic means.        (3)    If a party establishes good cause in opposition to the holding of a hearing by video conferencing or other similar audiovisual electronic means, the hearing shall be conducted in person.
MD. State Government Code Ann. §  10-212 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-212 - Open Hearings

    (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.
MD. State Government Code Ann. §  10-212.1 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-212.1 - Interpreters

    (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 the agency shall appoint a qualified interpreter.        (3)    In selecting a qualified interpreter for appointment, the agency may consult the directory of interpreters for manual communication or oral interpretation to assist deaf persons that is maintained by the courts of the State.    (b)    (1)    An interpreter appointed under this section shall be allowed the compensation that the agency considers reasonable.        (2)    Subject to paragraph (3) of this subsection, the compensation shall be paid by the agency.        (3)    If the agency has the authority to tax for services and expenses as a part of the costs of a case, the agency may tax the amount paid to an interpreter as a part of these services and expenses in accordance with the federal Americans with Disabilities Act.
MD. State Government Code Ann. §  10-213 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-213 - Evidence

    (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 probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence.    (c)    Evidence may not be excluded solely on the basis that it is hearsay.    (d)    The presiding officer may exclude evidence that is:        (1)    incompetent;        (2)    irrelevant;        (3)    immaterial; or        (4)    unduly repetitious.    (e)    The presiding officer shall apply a privilege that law recognizes.    (f)    On a genuine issue in a contested case, each party is entitled to:        (1)    call witnesses;        (2)    offer evidence, including rebuttal evidence;        (3)    cross-examine any witness that another party or the agency calls; and        (4)    present summation and argument.    (g)    The presiding officer may receive documentary evidence:        (1)    in the form of copies or excerpts; or        (2)    by incorporation by reference.    (h)    (1)    The agency or the Office may take official notice of a fact that is:            (i)    judicially noticeable; or            (ii)    general, technical, or scientific and within the specialized knowledge of the agency.        (2)    Before taking official notice of a fact, the presiding officer:            (i)    before or during the hearing, by reference in a preliminary report, or otherwise, shall notify each party; and            (ii)    shall give each party an opportunity to contest the fact.    (i)    The agency or the Office may use its experience, technical competence, and specialized knowledge in the evaluation of evidence.
MD. State Government Code Ann. §  10-214 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-214 - Consideration of Other Evidence

    (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 would have been bound if it were hearing the case.
MD. State Government Code Ann. §  10-215 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-215 - Transcription of Proceedings; Fees

    (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 petitioner may not be charged a fee for the costs of:        (1)    the transcription; or        (2)    the preparation or delivery of the Office record to the circuit court or to a party.
MD. State Government Code Ann. §  10-216 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|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 with the agency to the proposed decision; and            (ii)    present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.        (2)    In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision 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 to the proposed decision with the agency; and            (ii)    present argument to a majority of the officials who are to make the final decision.        (3)    If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall:            (i)    personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and            (ii)    except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.    (b)    The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.
MD. State Government Code Ann. §  10-217 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-217 - Proof

    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.
MD. State Government Code Ann. §  10-218 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-218 - Contents of Record

    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 process of the contested case by an official or employee of the agency who is not authorized to participate in the decision making process;        (5)    each question;        (6)    each offer of proof;        (7)    each objection and the ruling on the objection;        (8)    each finding of fact or conclusion of law proposed by:            (i)    a party; or            (ii)    the presiding officer;        (9)    each exception to a finding or conclusion proposed by a presiding officer; and        (10)    each intermediate proposed and final ruling by or for the agency, including each report or opinion issued in connection with the ruling.
MD. State Government Code Ann. §  10-219 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-219 - Ex Parte Communications

    (a)    (1)    Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:            (i)    any party to the case or the party’s representative or attorney; or            (ii)    any person who presided at a previous stage of the case.        (2)    An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case.    (b)    If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section.    (c)    An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall:        (1)    give notice to all parties;        (2)    include in the record of the contested case:            (i)    each written communication received;            (ii)    a memorandum that states the substance of each oral communication received;            (iii)    each written response to a communication; and            (iv)    a memorandum that states the substance of each oral response to the communication; and        (3)    send to each party a copy of each communication, memorandum, and response.    (d)    A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.    (e)    (1)    To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:            (i)    withdraw from the proceeding; or            (ii)    terminate the proceeding without prejudice.        (2)    An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.
MD. State Government Code Ann. §  10-220 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-220 - Proposed Decisions and Orders

    (a)    If the Office conducts a hearing under this subtitle, the Office shall prepare proposed findings of fact, conclusions of law, or orders in accordance with the agency’s delegation under § 10-205 of this subtitle.    (b)    The Office shall send its proposed findings, conclusions, or orders:        (1)    to the parties and the agency directly; or        (2)    if the agency’s delegation under § 10-205 of this subtitle requires, to the agency for distribution by the agency to the parties.    (c)    (1)    Within 60 days after receipt of the Office’s proposed findings, conclusions, or order under subsection (b)(2) of this section, the agency shall:            (i)    review the Office’s proposed findings, conclusions, or order;            (ii)    issue the proposed decision, which may include the Office’s proposed findings, conclusions, or order with or without modification; and            (iii)    send the proposed decision and a copy of the Office’s proposed findings, conclusions, or order to the parties.        (2)    The time limit specified in paragraph (1) of this subsection may be extended by the agency head, board, or commission with written notice to the parties.    (d)    A proposed decision or order, including proposed decisions or orders issued for contested case hearings subject to this subtitle but not conducted by the Office, shall:        (1)    be in writing or stated on the record;        (2)    contain separate findings of fact and conclusions of law;        (3)    include an explanation of procedures and time limits for filing exceptions; and        (4)    if the Office conducted the hearing and the agency’s proposed decision includes any changes, modifications, or amendments to the Office’s proposed findings, conclusions, or orders, contain an explanation of the reasons for each change, modification, or amendment.
MD. State Government Code Ann. §  10-221 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-221 - Final Decisions and Orders

    (a)    A final decision or order in a contested case that is adverse to a party shall be in writing or stated on the record.    (b)    (1)    A final decision or order in a contested case, including a remand of a proposed decision, shall contain separate statements of:            (i)    the findings of fact;            (ii)    the conclusions of law; and            (iii)    the order.        (2)    A written statement of appeal rights shall be included with the decision.        (3)    If the findings of fact are stated in statutory language, the final decision shall state concisely and explicitly the facts that support the findings.        (4)    If, in accordance with regulations, a party submitted proposed findings of fact, the final decision shall state a ruling on each proposed finding.    (c)    The final decision maker promptly shall deliver or mail a copy of the final decision or order to:        (1)    each party; or        (2)    the party’s attorney of record.
MD. State Government Code Ann. §  10-222.1 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-222.1 - Administrative Orders

    (a)    A party to a contested case may timely seek civil enforcement of an administrative order by filing a petition for civil enforcement in an appropriate circuit court.    (b)    Unless otherwise required by statute, a party shall file a petition for civil enforcement of an administrative order in the circuit court for the county where any party resides or has a principal place of business.    (c)    In an action seeking civil enforcement of an administrative order, a party shall name, as a defendant, each alleged violator against whom the party seeks to obtain civil enforcement.    (d)    A party may file an action for civil enforcement of an administrative order if another party is in violation of the administrative order.    (e)    A party in an action for civil enforcement of an administrative order may request, and a court may grant, one or more of the following forms of relief:        (1)    declaratory relief;        (2)    temporary or permanent injunctive relief;        (3)    a writ of mandamus; or        (4)    any other civil remedy provided by law.
MD. State Government Code Ann. §  10-223 (2021)
2021 Maryland Statutes|State Government|Title 10 - Governmental Procedures|Subtitle 2 - Administrative Procedure Act -- Contested Cases|Section 10-223 - Appeals to Court of Special Appeals

    (a)    This section does not apply to:        (1)    a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Court of Special Appeals is specifically provided; or        (2)    a final judgment on actions of the Inmate Grievance Office.    (b)    (1)    A party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Court of Special Appeals in the manner that law provides for appeal of civil cases.        (2)    An agency that was a party in the circuit court may appeal under paragraph (1) of this subsection.