reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.03 - Adoption, Amendment, or Repeal of Regulations › Section 16.01.03.02 - Petition-Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may petition the Department for the adoption, amendment, or repeal of any regulation.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.03 - Adoption, Amendment, or Repeal of Regulations › Section 16.01.03.03 - Petition-Form and Contents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. The petition shall be:
(1) In writing; and
(2) Filed with the Secretary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.03 - Adoption, Amendment, or Repeal of Regulations › Section 16.01.03.04 - Petition-Action by Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B. Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1) Consider the petition; and
(2) Either:
(a) Deny the petition and notify the petitioner in writing of the reasons for the denial; or
(b) Initiate the procedures for adopting, amending, or repealing the regulation, and notify the petitioner in writing of this action.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.04 - Petition for Declaratory Ruling › Section 16.01.04.01 - Petition Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may petition the Department for a declaratory ruling on the manner in which the Department would apply any of the following to a person or property on the facts set forth in the petition:
A. A regulation of the Department;
B. An order of the Department; or
C. A law that the Department enforces.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.04 - Petition for Declaratory Ruling › Section 16.01.04.02 - Form, Contents, and Verification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. The petition shall be:
(1) In writing; and
(2) Filed with the Secretary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.04 - Petition for Declaratory Ruling › Section 16.01.04.03 - Action by Secretary

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice of Receipt. On receipt of a petition, the Secretary shall promptly mail the petitioner a notice of filing, indicating the date the petition was received.
B. Consideration and Disposition. Within 60 days after the petition is submitted, the Secretary shall:
(1) Consider the petition; and
(2) Either:
(a) Issue a written declaratory ruling as requested; or
(b) Notify the petitioner in writing of the reasons for not issuing a declaratory ruling.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.04 - Petition for Declaratory Ruling › Section 16.01.04.04 - Effect of Ruling

Current through Register Vol. 51, No. 14, July 12, 2024
If the Secretary issues a declaratory ruling, that ruling binds the Department and the petitioner on the facts set forth in the petition.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 01 - GENERAL PROVISIONS › Chapter 16.01.04 - Petition for Declaratory Ruling › Section 16.01.04.05 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A declaratory ruling issued under this chapter is subject to judicial review in the same manner that State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, provides for review of a contested case.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" has the meaning stated in COMAR 28.02.01.
(2) "Contested case" has the meaning stated in State Government Article, §
										10-202, Annotated Code of Maryland.
(3) "Filed" means, unless otherwise indicated in this chapter, when the document is:
(a) Received by the Secretary or, if earlier, postmarked; and
(b) If required, served on the other parties to the proceeding.
(4) "Hearing" means a hearing to determine a contested case.
(5) "Party" means a person or agency, including the Department, named or admitted to participate in a hearing.
(6) "Person" includes a governmental entity or an instrumentality or unit of a governmental entity.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. This subtitle applies to contested-case hearings before the Secretary of Juvenile Services.
B. Hearings by Office of Administrative Hearings.
(1) In hearings conducted by an administrative law judge of the Office of Administrative Hearings (OAH), these regulations shall be construed, whenever possible, in harmony with COMAR 28.02.01.
(2) In the event of conflict between these regulations and COMAR 28.02.01, these regulations control.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.03 - Delegation of Hearing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may delegate all or part of the authority to hear a contested case to the OAH.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.04 - Revocation of Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criteria. The Secretary may revoke all or part of a delegation previously made to the OAH if the Secretary believes that the case might:
(1) Involve novel or unanticipated factual or legal issues;
(2) Have significant social or fiscal consequences;
(3) Involve policy issues of general applicability; or
(4) Be likely to have precedential value.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.05 - Time Modifications and Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A. By Secretary. The Secretary may modify or waive any time limit established by this subtitle.
B. By Administrative Law Judge. An administrative law judge may not modify or waive any time limit established by this subtitle except with the consent of all parties or the Secretary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.06 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required. A copy of any notice, order, pleading, motion, response, correspondence, decision, paper, or other document filed in a proceeding shall be served promptly on all other parties to the proceeding or, as authorized or required by COMAR 16.02.02.06, their respective authorized representatives.
B. Manner. Unless otherwise required by law, service shall be made by personal delivery or by regular mail.
C. Permittees, etc. Service on a party to whom a permit, license, or certification has been issued by the Department may be made by delivering a copy to the last address provided by that party to the Department.
D. Proof of Service.
(1) Every paper or document filed in a proceeding, other than one filed by or on behalf of the Secretary, shall contain or be accompanied by a certificate of service.
(2) The certificate of service shall:
(a) Be signed by or on behalf of the party filing the paper or document; and
(b) Specify the:
(i) Date of service;
(ii) Manner of service;
(iii) Name of each person served; and
(iv) Address at which each person was served.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.07 - Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Authorized. When proceedings involving a common question of law or fact are pending before the Secretary, the Secretary may consolidate the proceedings pursuant to a motion or on the Secretary's own initiative.
B. Special Procedures. If the consolidated proceedings involve different parties or burdens of going forward or persuasion, the Secretary may specify special procedures to assure an expeditious and just proceeding.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.08 - Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. If, after receiving notice, a party fails to attend or participate in a prehearing conference, a hearing, or any other stage of a proceeding, the Secretary may:
(1) Proceed in that party's absence;
(2) Continue the matter to a later time; or
(3) Issue a default order against that party.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.01 - Definitions; General Provisions › Section 16.02.01.09 - Dismissal for Lack of Prosecution

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Action Becomes Subject to Dismissal.
(1) In this section "docket entry":
(a) Means filing a pleading, requesting a hearing date, or scheduling a proceeding; and
(b) Does not include the entry or withdrawal of an appearance, case status reports, or other inquiries.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.01 - Notice of Right to Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice Required. The Department shall provide notice of its action whenever, by law or regulation, that action gives rise to the right to request a contested-case hearing.
B. Contents. The notice shall state:
(1) The factual basis for the action;
(2) The statutory or regulatory provision under which the action is taken;
(3) The sanction proposed or potential penalty, if any;
(4) The right to request a hearing on the action;
(5) What a person must do to receive a hearing and the time periods within which the person must act; and
(6) The consequences of a failure to timely request a hearing or to appear for a scheduled hearing, including a statement that unless a hearing is requested the Department action becomes final and binding on all parties.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.02 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. When Required. A request for a hearing shall be filed:
(1) Within the time period specified by relevant law; or
(2) If no time period is specified, within 30 days of the date of the notice of the right to a hearing.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.03 - Incomplete Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. If a hearing request lacks necessary information or is otherwise improper, the Secretary may:
(1) Deny the request;
(2) Return the request for resubmission in proper form and with all necessary information; or
(3) Conditionally accept the request subject to submission, within the time the Secretary specifies, of supplemental information.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.04 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The Secretary shall give all parties reasonable written notice of the hearing.
B. Contents. The hearing notice shall state:
(1) The date, time, place, and nature of the hearing;
(2) The right to:
(a) Call witnesses;
(b) Offer evidence, including rebuttal evidence;
(c) Cross-examine any witness that another party or the Department calls; and
(d) Present summation and argument;
(3) The right, if applicable, to request subpoenas for witnesses and evidence, and the costs, if any, associated with such a request;
(4) The right to request a copy of the hearing proceedings and the costs, if any, associated with such a request;
(5) Any right or restrictions on representation;
(6) That failure to appear for the scheduled hearing may result in an adverse action against that party; and
(7) That the parties may agree to the evidence and waive their right to appear at the hearing.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.05 - Expedited Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Any party may file a motion for an expedited hearing.
B. Contents. The motion for an expedited hearing shall set forth the reasons for the request.
C. Waiver. A request for an expedited hearing waives applicable notice requirements.
D. Ruling.
(1) The Secretary shall rule on a request for an expedited hearing within 3 days after receiving the request.
(2) All parties shall be notified promptly of the decision on the motion.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.06 - Representation; Entry of Appearance

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. A party may:
(1) Represent himself or herself;
(2) Be represented by an attorney authorized to practice law in Maryland; or
(3) If authorized by law, appear through a representative who is not an attorney.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.07 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Production of Documents.
(1) By timely written request, a party may require any other party to produce, for inspection or copying, any file, memorandum, correspondence, or other document or any tangible thing that is:
(a) Relevant to the subject matter of the case; and
(b) Not privileged.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.08 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance Authorized. On request of a party, the Secretary may issue subpoenas to require:
(1) The attendance and testimony of witnesses at the hearing; and
(2) The production at the hearing of any tangible items in the possession or under the control of a witness.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.09 - Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
A. Criteria. On timely motion, a person may be permitted to intervene in an action if:
(1) The person has standing; and
(2) The person:
(a) Has an unconditional right to intervene as a matter of law; or
(b) Claims an interest relating to the subject matter of the hearing that is:
(i) Adversely affected; and
(ii) Not adequately represented by existing parties.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.10 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The Secretary may hold a prehearing conference to address and seek to resolve any one or more of the following preliminary matters:
(1) Issuance of subpoenas;
(2) Identification of contested factual and legal issues;
(3) Stipulations;
(4) Requests for official notice;
(5) Identification and exchange of documentary evidence;
(6) Admissibility of evidence;
(7) Identification and qualification of witnesses;
(8) Motions;
(9) Discovery disputes;
(10) Order of presentation;
(11) Scheduling;
(12) Settlement possibilities or conferences; and
(13) Any other matters that might promote the orderly and prompt conduct of the hearing.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.02 - Prehearing Procedures › Section 16.02.02.11 - Alternative Dispute Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this regulation, "ADR" means alternative dispute resolution, a process of resolving matters pending before the Secretary through one or more of the following:
(1) Settlement conference;
(2) Neutral case evaluation;
(3) Neutral fact finding; or
(4) Other nonadversarial dispute resolution process.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. Unless otherwise provided in this subtitle, this chapter governs all motions filed with the Secretary.
B. When Authorized. Unless otherwise provided in this subtitle, a party may move for appropriate relief before or during a hearing.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.02 - Motions Before Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. To Be in Writing. Except as otherwise provided in this subtitle, all motions made before a hearing shall be submitted in writing.
B. Filing and Service. The motion shall be filed with the Secretary and served on all parties at least 15 days before the hearing.
C. Contents. The motion shall:
(1) State concisely the question to be determined; and
(2) Be accompanied by any necessary supporting documentation.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.04 - Motion to Dismiss

Current through Register Vol. 51, No. 14, July 12, 2024
On motion of a party or on the Secretary's own initiative, the Secretary may issue a final decision dismissing a notice of agency action, an appeal of an agency action, or any other request for a hearing that fails to state a claim for which relief may be granted.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.05 - Motion for Summary Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. A party may move for summary decision on any appropriate issue in the case.
B. Decision. The Secretary may grant a final summary decision if the Secretary finds that:
(1) There is no genuine issue as to any material fact; and
(2) The moving party is entitled to prevail as a matter of law.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.06 - Ruling on Motion

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Except as provided in §B of this regulation, the Secretary may:
(1) Issue a written decision on a motion; or
(2) State the decision on the record.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.03 - Motions › Section 16.02.03.07 - Time Limits Unaffected by Motion

Current through Register Vol. 51, No. 14, July 12, 2024
The filing or pendency of a motion does not alter or extend any time limit otherwise established by law or this subtitle.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.02 - Proceedings to be Public

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) Except as otherwise provided in this regulation, all proceedings before the Secretary shall be open to the public.
(2) Proceedings shall be closed to the public to the extent:
(a) Necessary to preserve confidentiality provided by law for individuals or records; or
(b) Otherwise required by law.
(3) On motion or on the Secretary's own initiative, the Secretary may close all or any part of the proceedings for good cause shown.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.03 - Postponement; Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request for Postponement. A request for postponement may be made in writing or by telephone.
B. Parties to be Contacted. When practicable, all parties to a proceeding shall be contacted before a ruling is made on the request.
C. Action by Secretary.
(1) The Secretary may grant the motion for good cause and as justice requires.
(2) The Secretary may postpone or continue a hearing on the Secretary's own initiative.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.04 - Hearing by Telephone or Other Electronic Means

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) Except as otherwise provided in this section, the Secretary may conduct all or part of the hearing by telephone, video conference, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and (for video means) see the entire proceeding.
(2) On objection for good cause, the hearing shall be conducted in accordance with the alternatives specified in State Government Article, §
										10-211(b), Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.05 - General Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Secretary's Duties. The Secretary shall:
(1) Conduct a full, fair, and impartial hearing;
(2) Take action to avoid unnecessary delay in the disposition of the proceedings; and
(3) Maintain order.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.06 - Stipulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorized. The parties may agree by stipulation to any substantive or procedural matter.
B. How Made. A stipulation may be filed in writing or entered on the record at the hearing.
C. Additional Development. The Secretary may require additional development of stipulated matters.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.07 - Waiver of Right to Appear

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) A party may waive the right to appear personally at the hearing.
(2) A waiver may be made:
(a) Orally to the Secretary; or
(b) In writing and filed with the Secretary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.08 - Waiver of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary need not hold a hearing if all parties agree to the admission of evidence and waive their right to appear.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.09 - General Order of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Start of Proceeding. At the start of the proceedings, the Secretary shall:
(1) Briefly explain the purpose and nature of the hearing; and
(2) State the order of presentation of evidence.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.10 - Admission and Exclusion of Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
Evidence shall be admitted and excluded in accordance with State Government Article, §
									10-213, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.11 - Witnesses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Witness List.
(1) Prior to the hearing, and whether or not a prehearing conference is held, the Secretary 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.
(2) Failure to comply in good faith with the order is grounds for the refusal to admit the oral or written testimony of that witness or a report of that expert.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.12 - Affidavits; Prefiled Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
A. Affidavits. The Secretary may admit an affidavit as evidence.
B. Prefiled Testimony.
(1) In the Secretary's discretion, testimony may be received in written form.
(2) The testimony shall be filed with the Secretary and served on opposing parties at least 5 days before the hearing.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.13 - Interpreters

Current through Register Vol. 51, No. 14, July 12, 2024
A. Appointment. If a party or witness cannot readily hear, speak, or understand spoken or written English, the Secretary shall arrange for a qualified interpreter to provide assistance during the hearing.
B. Oath or Affirmation. The interpreter shall take an oath or affirm that he or she will accurately translate.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.14 - Burdens of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope. This regulation does not modify any burden of going forward or burden of persuasion that is imposed on a party by specific statute or regulation.
B. Burdens for Permits, Licenses, and Certifications.
(1) A party requesting a hearing following notice of the Department's intent to deny or refuse to renew a permit, license, or certification bears:
(a) The burden of going forward to establish a prima facie case of entitlement to the permit or license; and
(b) The burden of persuasion that the permit or license should be issued.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.04 - Hearing Procedures › Section 16.02.04.15 - Transcript of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Recording.
(1) A recording of the hearing shall be made at the Department's expense.
(2) The recording need not be transcribed unless requested by a party or by the Secretary.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.01 - Record of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Record Required. The Secretary shall prepare an official record of each hearing.
B. Contents. The record shall consist of:
(1) All documents giving rise to the proceeding;
(2) All requests for hearing;
(3) All notices of proceedings;
(4) All prehearing orders;
(5) All questions;
(6) All motions, pleadings, petitions, and requests and the ruling on each;
(7) All briefs and memoranda;
(8) All documentary and tangible evidence received or considered;
(9) A statement of each fact of which official notice is taken;
(10) Each proffer of proof and the ruling on the proffer;
(11) Each objection and the ruling on the objection;
(12) Any staff memorandum submitted to an individual involved in the decision-making process by an official or employee of the Department who is not authorized to participate in the decision-making process;
(13) All matters placed on the record after an ex parte communication;
(14) Each proposed finding of fact, conclusion of law, and order proposed by a party or the presiding officer;
(15) Each exception to a proposed finding of fact, conclusion of law, or order proposed by the presiding officer;
(16) Each intermediate, proposed, and final ruling or order, including each report or opinion issued in connection with that ruling or order; and
(17) The recording of the hearing and, if made, of any prehearing proceeding, and any transcript made of the recording.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.02 - Proposed Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
Each proposed decision and order shall comply with State Government Article, §
									10-220, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.03 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time for Filing. Exceptions to a proposed decision and order shall be filed with the Secretary within 21 days after the proposed decision and order is issued.
B. Form and Contents. All exceptions shall:
(1) Be in writing;
(2) Identify each portion of the proposed decision to which exception is taken; and
(3) Contain a concise statement of the asserted basis for taking the exception.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.04 - Final Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Each final decision and order shall comply with State Government Article, §
									10-221, Annotated Code of Maryland.
B. Authority of Secretary.
(1) The Secretary is not bound by an administrative law judge's recommendation, even if no exceptions have been filed.
(2) If exceptions have not been filed and, after reviewing a proposed decision by an administrative law judge, the Secretary is unable to approve that decision as written, the Secretary shall notify all parties and invite arguments from the affected parties on the issues the Secretary is reconsidering.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.05 - Stay

Current through Register Vol. 51, No. 14, July 12, 2024
A. Request Authorized. Except as prohibited by law, a party that is adversely affected by a final order may request a stay from the Secretary pending judicial review.
B. Time for Filing. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from which the stay is sought.
C. Contents. The request shall include:
(1) A statement of the reasons the stay is sought; and
(2) A statement of the grounds for judicial review.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 02 - CONTESTED-CASE HEARINGS › Chapter 16.02.05 - Record, Decision, and Judicial Review › Section 16.02.05.06 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requisites. Unless otherwise agreed to by the parties, a party may not seek judicial review of a decision of the Secretary unless:
(1) The party has filed exceptions with the Secretary to the proposed decision; and
(2) The Secretary has rendered a final decision.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.01 - Youth Records › Section 16.03.01.01 - Individual Case Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required. Each facility or other program to which a youth is principally assigned shall maintain a case record for each youth assigned to that program.
B. Contents. The case record shall include:
(1) Identifying information about the youth and the youth's parents, guardians, or care-givers;
(2) A recent photograph of the youth;
(3) Prior placement information;
(4) A treatment service plan adopted under Courts and Judicial Proceedings Article, § 3-8 A-20.1, Annotated Code of Maryland;
(5) Documentation of services provided during the youth's detention or commitment;
(6) Documentation of services provided or offered to the youth in the community;
(7) Written reports about the youth;
(8) Health records, including health, mental health, substance abuse, and other evaluations of the youth, including suicide risk;
(9) Educational records;
(10) Legal documents;
(11) Classification and assessment documents;
(12) A discharge plan that specifies the required level of supervision and services;
(13) Disciplinary incident documentation; and
(14) Progress notes.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.01 - Youth Records › Section 16.03.01.02 - Program Register

Current through Register Vol. 51, No. 14, July 12, 2024
A. Required. Each facility or other program shall maintain a register of each youth admitted to the program.
B. Contents. The register shall include each youth's:
(1) Name;
(2) Sex;
(3) Date of birth;
(4) County of residence;
(5) Court status;
(6) Date of admission and then-anticipated date of discharge; and
(7) Date of discharge.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.01 - Youth Records › Section 16.03.01.03 - Closure of Private-Sector Program

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall require that, if a private-sector program closes, all case records and all other records concerning particular youth are:
A. Returned to the Department; or
B. Retained securely until their destruction is ordered or required by the Department.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.01 - Youth Records › Section 16.03.01.04 - Change in Provider

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall require that, if there is a change in the private-sector provider operating a program, the former provider turn over all case records and other records concerning particular youth to the Department or to the new provider.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.01 - Youth Records › Section 16.03.01.05 - Destruction of Records

Current through Register Vol. 51, No. 14, July 12, 2024
The Department and each program may destroy records only in a manner that:
A. Preserves their confidentiality; and
B. Is consistent with State law and policy on records retention and destruction.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.02 - Records Security and Confidentiality › Section 16.03.02.01 - In General

Current through Register Vol. 51, No. 14, July 12, 2024
All records and other information kept by the Department or any program about any youth shall be maintained and properly secured to preserve their confidentiality.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.02 - Records Security and Confidentiality › Section 16.03.02.02 - Release Restricted

Current through Register Vol. 51, No. 14, July 12, 2024
An employee of the Department or of any program, public or private, may not disclose or knowingly allow the disclosure of any confidential record or information to any person except in accordance with law.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.02 - Records Security and Confidentiality › Section 16.03.02.03 - Policies

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. The Secretary shall issue policies, as appropriate, to ensure that all records and other information are maintained in a secure fashion to prevent loss, destruction, or unauthorized access.
B. Elements. Policies under §A of this regulation shall, at a minimum:
(1) Identify the staff positions responsible for the custody and maintenance of records and information;
(2) Warn all employees of the Department and of all private-sector providers that they may not disclose or knowingly permit the disclosure of any confidential record or information to any unauthorized person; and
(3) Establish procedures to monitor and track access to all records and information.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures for filing requests with the Department for the inspection and copying of records under the Public Information Act. It is the Department's policy to facilitate access to public records by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Act" or "Public Information Act" means State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland.
(2) "Applicant" means a person who asks to inspect a public record.
(3) "Custodian" has the meaning stated in State Government Article, §
										10-611, Annotated Code of Maryland.
(4) "Official custodian" means, unless otherwise provided by law, the Secretary.
(5) "Public record" has the meaning stated in State Government Article, §
										10-611, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.03 - Who, When, and Where

Current through Register Vol. 51, No. 14, July 12, 2024
A. Who May Request. Any person may request to inspect or copy a public record that is in the Department's custody and control.
B. Time of Inspection. An applicant may inspect a public record during the Department's normal working hours.
C. Place of Inspection. The inspection shall take place where the document is located unless, after taking into account the applicant's wishes, the custodian determines that another place is more suitable and convenient.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.04 - Records Designated for Immediate Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. Secretary to Consider Designation. From time to time, the Secretary shall consider whether to designate specific types of public records to be made immediately available for inspection, without need for a written request.
B. List of Designated Records. The Secretary shall maintain and make available to custodians a current list of the types of public records that the Secretary has designated under §A of this regulation.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.05 - Request to Inspect

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) Except as provided in §A(2) of this regulation, a request to inspect a public record shall be made in writing.
(2) A request need not be in writing if:
(a) The record is of a type listed by the Secretary under Regulation .04B of this chapter; or
(b) The custodian waives the requirement for a written request.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.06 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General. Within the time limits and in the manner prescribed by the Act, a custodian shall respond in writing to a written request as provided in this regulation.
B. If Respondent Not Custodian. If the person to whom the request is made is not the custodian of the requested records, the person shall so notify the applicant as provided in State Government Article, §
									10-614(a), Annotated Code of Maryland.
C. If Record Does Not Exist. If the person to whom the request is made determines that the record does not exist, the person shall so notify the applicant as provided in State Government Article, §
									10-614(a), Annotated Code of Maryland.
D. If Respondent is Custodian. If the person to whom the request is made is the custodian of the requested records, the custodian shall:
(1) Grant the application, in whole or in part, in accordance with State Government Article, §§
										10-614(b)  and 10-620, Annotated Code of Maryland;
(2) Deny the application, in whole or in part, as required or authorized by State Government Article, §§
										10-615 -10-618, Annotated Code of Maryland, and these regulations, in accordance with State Government Article, §
										10-614(b), Annotated Code of Maryland; or
(3) If the official custodian believes that inspection would cause substantial injury to the public interest, deny inspection temporarily and seek court approval in accordance with State Government Article, §
										10-619, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.07 - Notice to Persons Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notice. Unless prohibited by law, the custodian may 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.
B. Consideration of Views. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant. However, the custodian may not deny disclosure except as authorized and for the reasons given in the Act or this subtitle.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.08 - Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. Right to Review. Except for a temporary denial under State Government Article, §
									10-619, Annotated Code of Maryland, if a written request is denied by the custodian, the applicant may:
(1) Within 30 days after receiving notice of the denial, request an administrative hearing under State Government Article, §10-622, Annotated Code of Maryland; or
(2) File an action in circuit court under State Government Article, §10-623, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.03 - Inspection and Copying under Public Information Act › Section 16.03.03.09 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) Except as otherwise provided in this section, the fee schedule for copying and certifying copies of records is as provided in this regulation.
(2) If the fee for a copy, printout, photograph, or certification of any record is specified by other law, the specified fee governs over the fees in this regulation.
(3) No fee may be charged if the total amount accrued under the fee schedule is $1 or less.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.04 - Correction of Personal Records › Section 16.03.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures for requesting the correction of personal records under State Government Article, §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.04 - Correction of Personal Records › Section 16.03.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter, the following words have the meanings indicated.
B. Terms Defined.
(1) "Custodian" has the meaning stated in State Government Article, §
										10-611, Annotated Code of Maryland.
(2) "Personal record" has the meaning stated in State Government Article, §10-624, Annotated Code of Maryland.
(3) "Person in interest" has the meaning stated in State Government Article, §
										10-611, Annotated Code of Maryland.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.04 - Correction of Personal Records › Section 16.03.04.03 - Request Authorized

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request the Department to correct inaccurate or incomplete information in any public record of the Department that the person in interest is authorized to inspect.
Code of Maryland Regulations › Title 16 - DEPARTMENT OF JUVENILE SERVICES › Subtitle 03 - RECORDS AND MEETINGS › Chapter 16.03.04 - Correction of Personal Records › Section 16.03.04.04 - Form and Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Form. The request shall be:
(1) In writing; and
(2) Filed with:
(a) The custodian of the record; or
(b) If the custodian is unknown to the person in interest, the Secretary.