reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.03 - Maryland Heritage Areas Grant Program › Section 14.29.03.07 - Grant Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Books, Accounts, and Records.
(1) A grantee
				shall maintain those books, accounts, and records related to a grant or an
				activity funded by a grant that the Authority from time to time may require,
				and shall cause the grantee's contractors and subcontractors to do the
				same.
(2) A grantee shall file with
				the Authority financial and other reports as the Authority may from time to
				time require.
(3) Books, accounts,
				and records required to be maintain under this section shall be:
(a) Open for inspection by representatives of
				the Authority or the State during reasonable working hours, before, during, or
				after the period of time during which the grant proceeds are expended;
				and
(b) Maintained and made
				available for inspection for 3 years after either the date of grantee's final
				expenditure of grant proceeds or the termination of the contractual
				relationship between the Authority and the grantee, whichever is
				later.
(4) A grantee
				shall, upon request of the Authority or the State, make the grantee's
				administrative offices and personnel, whether full-time, part-time,
				consultants, or volunteers, available to discuss or address matters concerning
				administration of a grant or of an activity funded by a grant.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.03 - Maryland Heritage Areas Grant Program › Section 14.29.03.08 - Grant Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except for waivers under Regulation .09 of
				this chapter, any action or decision required or permitted to be taken or made
				by the Authority under this chapter may be taken or made by the Authority's
				designee.
B. The Authority may
				terminate a grant or refuse to make additional disbursements under a grant
				agreement if the Authority finds that the grantee is not in compliance with a
				requirement of the Grant Program or a term of the grant agreement.
C. The Authority may adopt written policies
				or guidelines related to administration of the Grant Program and shall post any
				such adopted policies or guidelines on the Trust's website.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.03 - Maryland Heritage Areas Grant Program › Section 14.29.03.09 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may waive or vary a provision of this chapter
				  if the waiver or variance is consistent with the Act and, as determined by the
				  Authority, application of the provision in a specific instance or case, or in
				  an emergency situation, would be inequitable or contrary to the purposes of the
				  Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.03 - Maryland Heritage Areas Grant Program › Section 14.29.03.10 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A person who knowingly makes or causes to be made a false
				  statement submitted or made to the Authority in connection with an application
				  for a grant or affecting an existing grant is subject to any penalties
				  authorized by law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				sets forth the policies, procedures, and authorizations for administering the
				Maryland Heritage Areas Loan Program, established within the Maryland Heritage
				Area Authority, which provides loans from the Maryland Heritage Areas Authority
				Financing Fund.
B. The objective of
				the Loan Program is to provide a source of funding, including loans to local
				jurisdictions or other appropriate entities, to undertake projects that will
				assist and encourage preservation, tourism, and other economic development
				within certified heritage areas.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.03 - Eligible Borrowers and Eligible Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. An entity is eligible to receive a loan
				under the Program if the entity:
(1) Is a:
(a) Local jurisdiction;
(b) Nonprofit organization or a business
				entity that:
(i) Is in good standing and
				qualified to do business in Maryland; and
(ii) Has the legal capacity and all necessary
				legal authority to be obligated by the loan; or
(c) An individual who has the legal capacity
				and all necessary legal authority to be obligated by the loan;
				and
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.04 - Loan Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An entity eligible to receive a loan under
				Regulation .05A of this chapter may apply to the Authority for a loan to fund
				an activity eligible under Regulation .03B of this chapter.
B. For reasons or circumstances determined
				appropriate or necessary by the Authority, the Authority may at its discretion:
(1) Establish deadlines for acceptance of
				loan applications;
(2) Refuse to
				accept loan applications; and
(3)
				For a loan application accepted by the Authority:
(a) Hold the Authority's consideration of the
				application in abeyance; or
(b)
				Decide not to consider the loan application.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.05 - Loan Application Evaluation and Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Authority shall review and evaluate a
				completed loan application accepted under Regulation .04 of this chapter in
				accordance with selection criteria established by the Authority, which criteria
				may include:
(1) The viability of the
				activity for which the loan is sought;
(2) The applicant's readiness to commence the
				activity and complete it within an established timeframe;
(3) The level of urgency of the applicant's
				need for a loan to complete the activity;
(4) The activity's consistency with the goals
				of the management plan;
(5) The
				extent to which the activity will have a positive impact on the certified
				heritage area;
(6) The extent to
				which the activity, once completed, might serve as a model for other projects
				within certified heritage areas;
(7) The applicant's administrative
				capability, including the applicant's capacity to manage the
				activity;
(8) The applicant's
				ability to repay the loan;
(9) The
				availability of private or non-State funds for the activity; and
(10) Such additional criteria as the
				Authority considers appropriate.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.07 - Loan Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Books and Records.
(1) A borrower shall
				maintain the books, accounts, and records related to a loan or the activity
				funded by a loan that the Authority from time to time may require, and shall
				cause the borrower's contractors and subcontractors to do the same.
(2) A borrower shall file with the Authority
				financial and other reports as the Authority may from time to time
				require.
(3) Books, accounts, and
				records required to be maintained under this section shall be:
(a) Open for inspection by representatives of
				the Authority or the State during reasonable working hours before, during, or
				after repayment of the loan; and
(b) Maintained and made available for
				inspection for up to 3 years after either the date of the borrower's repayment
				of the loan or the termination of the contractual relationship between the
				Authority and the borrower, whichever is later.
(4) A borrower shall, upon request of the
				Authority or the State, make the borrower's administrative offices and
				personnel, whether full-time, part-time, consultants, or volunteers, available
				to discuss or address matters concerning administration of the loan or of the
				activity funded by a loan.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.08 - Loan Program Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Except for waivers under Regulation .09 of this chapter, any action or decision
				required or permitted to be taken or made by the Authority under this chapter
				may be taken or made by the Authority's designee.
B. The Authority may terminate a loan or
				refuse to make additional disbursements of a loan if the Authority finds that
				the borrower is not in compliance with a requirement of the Loan Program or any
				term of the loan documents.
C. The
				Authority may adopt written policies or guidelines related to administration of
				the Loan Program and shall post any such adopted policies or guidelines on the
				Trust's website.
D. The Authority
				may enter into agreements for loan servicing or other services useful to the
				operation of the Loan Program on terms acceptable to the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.09 - Waiver

Current through Register Vol. 51, No. 14, July 12, 2024
The Authority may waive or vary a provision of this chapter
				  if the waiver or variance is consistent with the Act and, as determined by the
				  Authority, application of the provision in a specific instance or case, or in
				  an emergency situation, would be inequitable or contrary to the purposes of the
				  Act.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.04 - Maryland Heritage Areas Loan Program › Section 14.29.04.10 - False Statements

Current through Register Vol. 51, No. 14, July 12, 2024
A person who knowingly makes or causes to be made a false
				  statement submitted or made to the Authority in connection with an application
				  for a loan or affecting an existing loan is subject to any penalties authorized
				  by law.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.05 - Procedures for Reviewing Complaints › Section 14.29.05.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for submission to the
				  Maryland Heritage Areas Authority, and review by the Authority, of complaints
				  made by local governments or heritage area management entities related to
				  activities undertaken by agencies of State Government that might have an
				  adverse effect on a heritage area resource.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.05 - Procedures for Reviewing Complaints › Section 14.29.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) 'Act" means Financial Institutions
				Article, §§13-1101-13 -1124, Annotated Code of Maryland.
(2) 'Administrator" means the Administrator
				of the Authority.
(3) "Authority "
				means the Maryland Heritage Areas Authority established by the Act.
(4) "Certified heritage area" means a
				recognized heritage area that has been designated a certified heritage area in
				accordance with the Act and COMAR 14.29.02.
(5) "Heritage area management entity" means a
				nonprofit organization or agency of either State or local government that may
				be responsible for coordinating development of a management plan for a heritage
				area or is responsible for implementing the management plan for a heritage
				area.
(6) "Local jurisdiction"
				means any of the 23 counties of the State, the City of Baltimore, any municipal
				corporation in the State that is subject to the provisions of Article XI-E of
				the Maryland Constitution, or any of their duly authorized agencies or
				instrumentalities.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.05 - Procedures for Reviewing Complaints › Section 14.29.05.03 - Submission of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				local jurisdiction or a heritage area management entity may submit to the
				Authority a complaint concerning activities undertaken by an agency or unit of
				State Government if the undertaking has an adverse effect, or has the potential
				to have an adverse effect, upon a natural, recreational, cultural, or historic
				resource located within a certified heritage area that is located within the
				local jurisdiction or for which heritage area management entity is
				responsible.
B. A complaint shall:
(1) Be in writing;
(2) Be submitted to the
				Administrator;
(3) Identify the
				certified heritage area;
(4)
				Identify the agency or unit of State Government that is undertaking or has
				undertaken the activity and the nature of the activity;
(5) Identify the heritage area resource that
				is subject to the adverse effect;
(6) Describe the adverse effect;
				and
(7) Identify any law, rule, or
				regulation that the agency or unit of State Government may be in violation of
				in undertaking the activity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.05 - Procedures for Reviewing Complaints › Section 14.29.05.04 - Review of Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				receiving a complaint under Regulation .03 of this chapter, the Administrator
				shall:
(1) Review the complaint;
(2) Conduct an investigation into the
				allegations contained in the complaint to the extent and in a manner determined
				appropriate, necessary, and warranted by the Administrator;
(3) As may be appropriate and relevant,
				consider:
(a) The relative value and
				significance to the certified heritage area of the resource that the complaint
				alleges is or will be adversely affected; and
(b) Any impacts that the activity has had or
				may have upon properties listed, or eligible for listing, in the Maryland
				Register of Historic Properties; and
(4) Refer to the Authority for its review and
				consideration the complaint and the results of the Administrator's
				investigation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.06 - Procedures for Resolving Disputes › Section 14.29.06.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes procedures for the review and
				  resolution of disputes that arise in connection with exercise by the Maryland
				  Heritage Areas Authority of its authority under Financial Institutions Article,
				  Title 13, Subtitle 11, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.06 - Procedures for Resolving Disputes › Section 14.29.06.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				the following terms have the meanings indicated.
B. Terms Defined.
(1) 'Act" means Financial Institutions
				Article, §§13-1101-13 -1124, Annotated Code of Maryland.
(2) 'Administrator" means the Administrator
				of the Authority.
(3) "Authority "
				means the Maryland Heritage Areas Authority established by the Act.
(4) "Certified heritage area" means a
				recognized heritage area that has been designated a certified heritage area in
				accordance with the Act and COMAR 14.29.02.
(5) Decision of the Authority.
(a) "Decision of the Authority" means a
				decision, action, or exercise of statutory authority by the Authority and
				includes an exercise of authority by the Authority that is permitted, required,
				or contemplated under the Act.
(b)
				"Decision of the Authority" does not include a determination by the Authority:
(i) Under the Act or COMAR 14.29.01 regarding
				designation or an application for designation of a heritage area as a
				recognized heritage area;
(ii)
				Under the Act or COMAR 14.29.02 regarding review and approval of a management
				plan or designation or an application for designation of a recognized heritage
				area as a certified heritage area;
(iii) Under the Act or COMAR 14.29.03 related
				to review and approval of grant applications;
(iv) Under the Act or COMAR 14.29.04 related
				to review and approval of loan applications; or
(v) Related to enforcement of the terms of a
				grant, loan, or other financing.
(6) "Petition" means a petition filed under
				Regulation .03 of this chapter concerning a decision of the
				Authority.
(7) "Petitioner" means a
				person or entity that files a petition under Regulation .03 of this chapter
				concerning a decision of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.06 - Procedures for Resolving Disputes › Section 14.29.06.03 - Petition for Dispute Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				A person or entity that disputes a decision of the Authority and is aggrieved
				by the decision may file a petition with the Authority that seeks to have the
				Authority resolve the dispute.
B. A
				petition submitted under this regulation shall:
(1) Be in writing;
(2) Be submitted to the
				Administrator;
(3) Identify the
				decision of the Authority that the petitioner disputes;
(4) Explain how the petitioner is aggrieved
				by the decision; and
(5) Identify
				any law, rule, or regulation that the petitioner contends is or was violated by
				the decision of the Authority.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.06 - Procedures for Resolving Disputes › Section 14.29.06.04 - Review of Petitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon
				receiving a petition, the Administrator shall:
(1) Review the petition;
(2) Review the decision of the Authority that
				the petitioner disputes; and
(3)
				Refer to the Authority for its consideration the petition and the results of
				the Administrator's review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 29 - MARYLAND HERITAGE AREAS AUTHORITY › Chapter 14.29.06 - Procedures for Resolving Disputes › Section 14.29.06.05 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. A determination
				made by the Authority under Regulation .04B of this chapter may be appealed by
				the petitioner to the Office of Administrative Hearings in accordance with
				State Government Article, Title 10, Subtitle 2, Annotated Code of
				Maryland.
B. On appeal, a
				determination made by the Authority under Regulation .04B of this chapter may
				not be reversed or modified unless the petitioner establishes by a
				preponderance of the evidence that:
(1) The
				determination was arbitrary, capricious, or contrary to law, rule, or
				regulation; or
(2) The Authority
				failed to follow its own procedures or this chapter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.01 - Definitions › Section 14.30.01.01 - 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) "Board" means the Maryland Public
				Employee Relations Board (PERB) established by State Government Article, §
										22-301, Annotated
				Code of Maryland.
(2) "Business
				day" means Monday through Friday, excluding State holidays and any other day
				the State is closed for business.
(3) "Chair" means the chair referenced in
				State Government Article, §
										22-302(a)(1),
				Annotated Code of Maryland.
(4)
				"Deputy Director" means any appropriate Deputy Director identified in State
				Government Article, §
										22-305, Annotated
				Code of Maryland.
(5) "Election
				period" means the period from the date an election petition is filed to the
				date employees can begin voting.
(6) "Executive Director" means the individual
				appointed by PERB under State Government Article, §
										22-304, Annotated
				Code of Maryland.
(7)
				"Negotiability dispute" means a dispute arising in good faith during the course
				of collective bargaining as to whether a specific issue is subject to
				collective bargaining.
(8)
				"Presiding hearing officer" means the individual or body designated to preside
				over any hearing conducted under this subtitle.
(9) "State" means the State of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.02 - Board Policy › Section 14.30.02.01 - Voluntary Settlements; Adjustments

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is Board
				policy to encourage the voluntary efforts of the parties to settle or adjust
				disputes.
B. Such efforts at
				resolution and any settlements or adjustments reached shall be consistent with
				the provisions, purposes, and policies of Education Article, Titles 6 and 16,
				Personnel and Pensions Article, Title 3, and State Government Article, Title
				22, Annotated Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.03 - General Course and Method of Operation › Section 14.30.03.01 - Receipt and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may
				assign the Executive Director to process and assign petitions and charges filed
				with the Board.
B. The Executive
				Director shall first screen the petition or charge to ensure that the Board has
				jurisdiction to hear the case.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.03 - General Course and Method of Operation › Section 14.30.03.02 - Dismissal for Lack of Jurisdiction

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the
				Board's approval, the Executive Director may dismiss the case for lack of
				jurisdiction.
B. In the case of
				dismissal for lack of jurisdiction, the complainant shall be notified, in
				writing, of the Board action as well as the reason or reasons for the
				dismissal.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.04 - Filing › Section 14.30.04.01 - When Filed

Current through Register Vol. 51, No. 14, July 12, 2024
A document is filed with the Board when it is received by the
				  Executive Director or the Executive Director's designee via mail, email, or
				  personal delivery.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.04 - Filing › Section 14.30.04.02 - Address and Contact Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. All filings and
				other communications with the Board shall be addressed to the Maryland Public
				Employee Relations Board.
B. Means
				of contacting the Board can be found on its website.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.05 - Computation of Time Periods › Section 14.30.05.02 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes
				of service of any document filed before the Board, absent any evidence to the
				contrary, it is presumed that any document served by U.S. mail was received by
				the addressee 3 business days after the date the document was mailed.
B. A 3-day period shall be added to any time
				period in which service was effected by mail.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.05 - Computation of Time Periods › Section 14.30.05.03 - Beginning and Ending of Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
A. A time period
				is computed beginning with the day after the act or event which initiates the
				period and concludes with the last day of the period.
B. A time period which would otherwise end on
				a weekend, State holiday, or day the State is closed for business instead ends
				on the following business day.
C.
				For time periods of fewer than 10 days, weekend days, State holidays, and days
				the State is closed for business do not count in computing the time
				period.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.05 - Computation of Time Periods › Section 14.30.05.04 - Extension of Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
The Board or the Executive Director may extend a time period
				  not prescribed by statute. This may happen:
A. Before the initial time period ends,
				without motion or notice, if good cause for the extension is shown;
				and
B. After the initial time
				period ends, upon written motion filed with the Executive Director, if the
				failure to act was the result of excusable neglect or good cause.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.06 - Requests for and Inspection of Board Documents › Section 14.30.06.01 - General Rules

Current through Register Vol. 51, No. 14, July 12, 2024
A. The public may
				inspect the rules, decisions, and public records of the Board upon written
				request filed within a reasonable time period in advance of
				inspection.
B. A prescribed format
				for requests for inspection may not be required.
C. Written requests shall be submitted to the
				Board at its official address.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.06 - Requests for and Inspection of Board Documents › Section 14.30.06.02 - Requests for Board Documents

Current through Register Vol. 51, No. 14, July 12, 2024
(1) A person may
				request in writing copies of the Board's reports, decisions, orders, and
				certifications.
(2) A request for
				public records of PERB shall be provided at cost.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.07 - Petition for Adoption of Regulation › Section 14.30.07.01 - Request for New Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested
				person may submit to the Board a petition for consideration of the adoption of
				a regulation.
B. Within 60 days
				after the petition is submitted, the Board shall:
(1) In writing, deny the petition and state
				the reasons for the denial; or
(2)
				Initiate the procedures for consideration of the regulation.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.01 - When a Hearing May Be Held

Current through Register Vol. 51, No. 14, July 12, 2024
The Board or its delegee shall hold a hearing when:
A. The Board finds there is a dispute of a
				material fact or facts and probable cause that an unfair labor practice has
				been committed;
B. The Board finds
				that there is a dispute over the appropriateness of a bargaining unit;
				or
C. There is a request to deny or
				revoke certification of an exclusive representative for willfully failing to
				comply with the State Government Article, Title 22, Annotated Code of
				Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.02 - Representation Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
The Board or its delegee may hold a hearing in representation
				  proceedings other than bargaining unit disputes:
A. To establish procedures for resolving
				disputes about negotiability; or
B.
				In impasse proceedings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.03 - Informal Resolution with Parties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parties on their
				own may voluntarily settle any matter.
B. A Deputy Director may assist the parties
				with the settlement of an unfair labor practice case.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.04 - Terms of Settlement

Current through Register Vol. 51, No. 14, July 12, 2024
Terms of any voluntarily approved settlement shall be
				  approved by the Board.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.05 - Withdrawal of Charge

Current through Register Vol. 51, No. 14, July 12, 2024
A party may withdraw a charge prior to the issuance of a
				  complaint by providing notice to the appropriate Deputy
				  Director.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.06 - Expedited Proceedings at the Board's Discretion

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				after review and discussion of all the materials in a case determines that
				there are no material facts in dispute, the Board may choose to expedite review
				of the case and decide it without a hearing.
B. If the Board chooses expedited review, the
				Chair shall inform the parties that the case will be decided without a hearing,
				unless the parties show that there are material facts in dispute or offer
				another compelling reason or reasons.
C. In expedited review, the Board shall
				establish deadlines for the parties to submit a joint statement of material
				facts, any facts that a party contends are in dispute, and briefs with
				arguments and precedents in support of their position.
D. The Board shall decide the case based on
				the submissions of the parties.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.07 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Service by Mail.
				Written notice of a Board or delegated hearing shall be delivered by the Board
				to all parties by mail or email.
B.
				Contents. For Board hearings, the notice shall include:
(1) A statement of the date, time, place,
				nature, and method, whether in-person, by mail, or by electronic means, of the
				hearing;
(2) A statement of the
				legal authority and jurisdiction under which the hearing is to be
				held;
(3) A reference to the
				particular sections of the statutes and regulations involved;
(4) A copy of the document or documents that
				prompted the hearing; and
(5) Any
				other information required by State Government Article, §
										10-208, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.08 - Determination of Presiding Hearing Officer

Current through Register Vol. 51, No. 14, July 12, 2024
A. In hearings
				conducted by the Board, the Chair shall preside for purposes of administering
				the hearing pursuant to this chapter.
B. The Chair may designate a Board member to
				preside in the Chair's absence.
C.
				The presiding hearing officer shall fix the time, place, and method for all
				hearings.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.09 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				otherwise provided by law, a party with standing to participate in a proceeding
				before the Board may appear and represent themselves or be represented by an
				attorney licensed to practice law in Maryland.
B. In the event that an out-of-State attorney
				seeks to represent a party before the Board, the attorney shall apply for
				admission under Business Occupations and Professions Article, §
									10-215,
				Annotated Code of Maryland, and Rules Governing Admission to the Bar of
				Maryland, Rule 19217.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.10 - Prehearing Submissions and Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. In hearings
				conducted by the Board, any party and any interested employee organization may
				submit to the presiding hearing officer prior to the hearing any motions,
				pleadings, or briefs for consideration.
B. Documents submitted under §A of this
				regulation shall be submitted at least 10 days prior to the hearing.
C. The presiding hearing officer may order a
				prehearing conference for any administrative purpose the presiding hearing
				officer considers necessary for the appropriate and orderly conduct of a
				pending matter.
D. The parties
				shall cooperate in good faith with the presiding hearing officer in the
				appropriate and orderly conduct of any pending matter.
E. The presiding hearing officer may order,
				with the consent of all parties, a prehearing conference for the purpose of
				seeking the voluntary resolution of a pending matter.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.11 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of
				Subpoenas.
(1) The Board, the Executive
				Director, or the Office of Administrative Hearings, as appropriate, may issue
				subpoenas requiring the attendance and testimony of witnesses and production of
				documents or tangible items at any hearing.
(2) Subpoenas issued by the Office of
				Administrative Hearings shall be issued in accordance with COMAR
				28.02.01.14.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.12 - Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
				A party may request a continuance for good cause upon written application to
				the presiding hearing officer before commencement of the hearing or other
				proceeding, or by oral application to the presiding hearing officer during the
				hearing and shall give simultaneous notice of the request to all
				parties.
B. Order. Board hearings
				or proceedings on any matter may be continued by order of the presiding hearing
				officer with the reasons or other conditions stated in the order, with notice
				to all parties
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.13 - Failure to Attend Hearing or Proceeding and Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after
				receiving notice, a party fails to attend a prehearing conference, hearing, or
				other scheduled proceeding, the Board or delegee, as appropriate, may impose
				sanctions, which may include a final default decision and order, against the
				defaulting party.
B. Within 7 days
				after service of a default decision and order, the party may file a written
				motion:
(1) Requesting that the default
				decision and order be vacated or modified; and
(2) Stating the grounds for the
				request.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.14 - Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
Upon application of a party or upon its own motion, the Board
				  may consolidate for hearing any cases that involve common questions of law or
				  fact.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.15 - Stipulations and Affidavits

Current through Register Vol. 51, No. 14, July 12, 2024
A. Stipulations.
(1) The parties, by stipulation, may agree to
				any substantive or procedural matter.
(2) A stipulation may be filed in writing or
				entered on the record at the hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.16 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Process.
(1) Unless otherwise provided by this
				subtitle, a party:
(a) May move for
				appropriate relief before or during a hearing, including, if appropriate, for
				summary decision by the Board; and
(b) Shall submit all motions in writing in
				accordance with §A(2) of this regulation, or orally at a
				hearing.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.17 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. 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
				opposing witnesses; and
(4) Make
				opening and closing statements.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.18 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evidence
				shall be admitted in accordance with this chapter and State Government Article,
				§
									10-213, Annotated
				Code of Maryland.
B. The rules of
				evidence observed by courts do not apply to hearings under this
				subtitle.
C. The presiding hearing
				officer shall admit evidence, including reliable hearsay evidence, if it is the
				kind upon which reasonable persons are accustomed to relying in administrative
				proceedings.
D. Irrelevant or
				unduly repetitive evidence may be excluded.
E. The presiding hearing officer shall
				observe the rules of privilege recognized by law.
F. All testimony at a hearing shall be under
				oath or affirmation and subject to the penalties of perjury.
G. The presiding hearing officer may admit as
				evidence all or part of the information described under COMAR
				28.02.01.21.
H. Sequestration of
				Witnesses.
(1) Upon request by a party, or on
				their own behalf, the presiding hearing officer may sequester witnesses from
				the hearing room.
(2) The presiding
				hearing officer shall order the witnesses, parties, attorneys, and all others
				present in the hearing room not to disclose to any witness sequestered under
				this section the nature, substance, or purpose of testimony, exhibits, or other
				evidence introduced during the witness's absence.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.19 - Expert Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
Expert testimony may be accepted by the presiding hearing
				  officer if the testimony, as proffered, would aid in an understanding of the
				  case.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.20 - Appointment of Interpreter

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a party or
				witness cannot readily hear, speak, or understand the spoken or written English
				language, on motion timely submitted, the Board, the Executive Director, or the
				presiding hearing officer, as appropriate, shall appoint a qualified
				interpreter to provide assistance during the hearing.
B. An interpreter shall take an oath or
				affirmation that the interpreter will accurately translate.
C. The party requesting the interpreter shall
				bear the cost of the interpreter, unless the party or witness is
				hearing-impaired.
D. Waiver of Cost
				of the Interpreter.
(1) A party who by reason
				of indigence is unable to pay the cost of the interpreter may file a request
				for waiver of that cost with the presiding hearing officer. The waiver request
				shall be accompanied by an affidavit verifying the facts set forth in the
				request and the applicant's inability to pay.
(2) If the presiding hearing officer is
				satisfied that the applicant is unable by reason of indigence to pay the cost
				of the interpreter, the presiding hearing officer may waive the payment of
				cost, with the cost paid by the Board.
(3) A waiver of the cost of an interpreter
				shall be available only to an individual applicant and not to a group or other
				entity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.21 - Burdens of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any
				proceeding under this chapter, the petitioner, moving party, or appellant bears
				the burden of going forward to establish a prima facie case as to the existence
				of grounds for its action.
B. The
				Board or the presiding hearing officer, as appropriate, shall find against a
				party with the burden of:
(1) Going forward,
				if that party has not presented sufficient evidence to establish a prima facie
				case for the party's claim or defense; or
(2) Persuasion, if that party has not
				presented evidence sufficient to establish the correctness of the party's claim
				or defense by a preponderance of the evidence.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.22 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party or a
				party's representative may not communicate ex parte with members of the Board,
				the Executive Director, an administrative law judge, or any of their staff who
				have participated in the contested case regarding the merits of any issue in
				the hearing.
B. Actions taken by
				the Board, Board staff, or an administrative law judge following an ex parte
				communication are governed by State Government Article, §
									10-219, Annotated
				Code of Maryland.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.23 - Transcripts; Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				provide a court reporter and transcription services for the hearing, with the
				cost, including a copy of the transcript being provided to the Board, to be
				split by the parties.
B. Waiver of
				Transcription Costs.
(1) A party who by
				reason of indigence is unable to pay the cost of transcription may file a
				request for waiver of the costs with the presiding hearing officer.
(2) The request of waiver shall be
				accompanied by an affidavit verifying the facts set forth in the request and
				the applicant's inability to pay.
(3) If the presiding hearing officer is
				satisfied that the party is unable by reason of indigence to pay the cost of
				transcription, the presiding hearing officer may waive the payment of cost, and
				that party's cost shall be paid by the Board.
(4) A waiver of transcription costs shall be
				available only to an individual applicant and not to a group or other
				entity.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.24 - Briefs and Oral Arguments

Current through Register Vol. 51, No. 14, July 12, 2024
A. Oral Arguments.
				At the discretion of the presiding hearing officer, oral arguments may be
				presented by the parties with time limits determined by the presiding hearing
				officer.
B. Briefs. Briefs may be
				filed in the order and within the time and any page limits set by the presiding
				hearing officer.
C. All briefs
				shall be served on all parties in the proceeding by mail, email, or personal
				delivery.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.25 - Board Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board, as
				soon as reasonably practicable after the conclusion of the hearing, and in
				accordance with any timelines prescribed by statute, shall issue a written
				decision.
B. The decision of the
				Board is the final administrative decision for purposes of judicial review.
				Unless the matter is remanded for further proceedings, or a motion for
				reconsideration is filed, the date of the written decision of the Board is the
				date of the final decision of the agency for purposes of judicial
				review.
C. A final decision shall:
(1) Be in writing;
(2) Be served on all parties by mail or
				email; and
(3) Contain:
(a) Findings of fact and conclusions of law,
				separately stated;
(b) An order;
				and
(c) A statement of the
				available procedures and time limitations for review.
Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 30 - PUBLIC EMPLOYEE RELATIONS BOARD › Chapter 14.30.08 - Procedures Applicable to All Proceedings › Section 14.30.08.26 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party who is
				aggrieved by a final decision is entitled to judicial review in accordance with
				State Government Article, Title 10, Subtitle 2, Annotated Code of
				Maryland.
B. The Board may request
				to intervene as a party to the judicial proceeding.