reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.10 - Variance

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may request a variance from this subtitle or the requirements of Natural Resources Article, §§
									5-1601 -5-1612, Annotated Code of Maryland, if the applicant demonstrates that enforcement would result in unwarranted hardship to the applicant.
B. An applicant for a variance shall:
(1) Describe the special conditions peculiar to the property which would cause the unwarranted hardship;
(2) Describe how enforcement of these rules will deprive the applicant of rights commonly enjoyed by others in similar areas;
(3) Verify that the granting of the variance will not confer on the applicant a special privilege that would be denied to other applicants;
(4) Verify that the variance request is not based on conditions or circumstances which are the result of actions by the applicant;
(5) Verify that the request does not arise from a condition relating to land or building use, either permitted or nonconforming, on a neighboring property; and
(6) Verify that the granting of a variance will not adversely affect water quality.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.11 - Public Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department shall issue a public notice of an opportunity to submit written comments or to request a public hearing after the Department has determined that applications for the following are complete:
(1) Forest conservation plan; or
(2) Submittal of a minor development project application.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.12 - Public Information Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. An interested person may request in writing a public information hearing.
B. If requested, a public information hearing shall be held on a forest conservation plan or a minor subdivision plan application within 45 days of the expiration date specified in the public notice. After setting the date, time, and place for the hearing, the Department shall mail a hearing notice only to those persons on the interested persons list.
C. The Department may extend the time period for the public information hearing for the following extenuating circumstances:
(1) Inclement weather conditions;
(2) Review required by other State agencies;
(3) A request by an applicant; or
(4) Other justified extenuating circumstances.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.13 - Approval Decision and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Approval Decision.
(1) After the closing date for receipt of written comments and after a public information hearing, if a hearing has been requested, the Department shall:
(a) Consider the written comments, testimony, and other information received; and
(b) Afford the applicant an opportunity to provide additional information to address concerns raised in written comments or testimony.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.04 - State Forest Conservation Program › Section 08.19.04.14 - Inspections

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State shall conduct at least three field inspections of a site subject to an approved forest conservation plan as follows:
(1) The first inspection shall take place before a construction activity begins to determine whether forest protection measures have been installed and conservation areas are clearly marked onsite;
(2) The second inspection shall take place following completion of all construction activities to determine the level of compliance with the provisions of the forest conservation plan;
(3) The third inspection shall take place at the end of the 2-year maintenance agreement, as stated in COMAR 08.19.05.01I.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.05 - Forest Conservation Maintenance and Management Agreements › Section 08.19.05.01 - Short-Term Protective Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Maintenance Agreements.
(1) Application. A person required to conduct afforestation or reforestation under a local or State program shall include in the forest conservation plan a binding maintenance agreement for the minimum length of 2 years.
(2) Approval procedures and timing shall be consistent with the procedures provided in the local program or as provided in COMAR 08.19.04.04I.
(3) The maintenance agreement shall detail how the areas designated for afforestation or reforestation will be maintained to ensure protection and satisfactory establishment of forest.
(4) The person required to conduct the afforestation or reforestation, after this referred to as the "obligee", shall present evidence of a legal right to implement the proposed maintenance agreement on a selected site by providing:
(a) An executed deed conveying title to a selected site to the obligee;
(b) An executed conservation easement agreement;
(c) Written evidence of the landowner's consent to the use of a selected site;
(d) A fully executed option agreement, long-term lease agreement, or contract of sale for a selected site; or
(e) Other written evidence of a possessory or ownership interest in a selected site.
(5) The Department or the local authority shall be a signatory to the maintenance agreement, or shall be designated a third-party beneficiary of the agreement.
(6) The Department or local authority may not release a bond or end monitoring without receipt of a legally binding deed, long-term lease, or conservation easement agreement on those lands where afforestation or reforestation will occur.
(7) The maintenance agreement shall provide for access by the Department or local authority to the afforestation or reforestation site.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.05 - Forest Conservation Maintenance and Management Agreements › Section 08.19.05.02 - Long-Term Protective Agreements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant under the State or local program shall have in effect at all times approved long-term protective measures as provided for in Natural Resources Article, §
									5-1607, Annotated Code of Maryland, to retain as forest all land forested, afforested, or reforested under this subtitle. A local program shall contain provisions for long-term protective measures including, but not limited to, §B of this regulation.
B. Approved Forest Management Plan.
(1) Procedure for Approval.
(a) The forest management plan:
(i) Shall be legally binding from the date of approval;
(ii) Shall be prepared by a licensed professional forester;
(iii) Shall be submitted to the Department's forester assigned to the county where the property is located; and
(iv) May be amended periodically, as provided for in §B(2) of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.06 - Additional Requirements for State and Local Programs › Section 08.19.06.01 - Qualified Professional

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual may prepare a forest stand delineation or a forest conservation plan, if the individual:
(1) Is a licensed forester;
(2) Is a licensed landscape architect;
(3) Is approved by a local program for work in that jurisdiction and the program has:
(a) Received final approval by the Department, and
(b) Criteria for a qualified professional consistent with the requirements of the Department; or
(4) Meets the requirements of §B of this regulation.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.06 - Additional Requirements for State and Local Programs › Section 08.19.06.02 - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Seminars for Local Officials.
(1) The Department shall provide a training program to assist local officials in the development of local programs, including one seminar per year for each geographic region of the State for the calendar years of 1992 and 1993.
(2) For the purposes of this training program the geographic regions are:
(a) Central Region-Baltimore, Carroll, Cecil, Harford, Howard, Kent, Montgomery, and Queen Anne's counties and Baltimore City;
(b) Eastern Region-Caroline, Dorchester, Somerset, Talbot, Wicomico, and Worcester counties;
(c) Southern Region-Anne Arundel, Calvert, Charles, Prince George's, and St. Mary's counties; and
(d) Western Region-Allegany, Frederick, Garrett, and Washington counties.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.06 - Additional Requirements for State and Local Programs › Section 08.19.06.03 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) The provisions of this chapter apply to a person:
(a) Under the State program making application for a subdivision or project plan, grading, or sediment control permit, on areas 40,000 square feet or greater; and
(b) Violating the terms and provisions of an easement, covenant, or deed restrictions regarding a forest mitigation bank.
Code of Maryland Regulations › Title 08 - DEPARTMENT OF NATURAL RESOURCES › Subtitle 19 - FOREST CONSERVATION › Chapter 08.19.06 - Additional Requirements for State and Local Programs › Section 08.19.06.04 - Statewide Forest Resource Inventory

Current through Register Vol. 51, No. 14, July 12, 2024
A. By December 31, 1992, the Department shall prepare and provide to local authorities a statewide forest resource inventory that includes:
(1) A list of priority areas for reforestation or afforestation of both publicly and privately owned land on a county-by-county basis; and
(2) Specific areas which contain plants and animal species to be considered as priority areas for forest retention and protection under Natural Resources Article, §
										5-1607(c), Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.01 - Implementation of the Maryland Environmental Policy Act › Section 09.01.01.01 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
These guidelines are applicable to the Department of
				  Licensing and Regulation and to all boards, commissions, or agencies assigned
				  to the Department.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.01 - Implementation of the Maryland Environmental Policy Act › Section 09.01.01.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these guidelines is to establish Departmental
				  procedures for the preparation, review, and circulation of Environmental
				  Effects forms and reports in compliance with the Maryland Environmental Policy
				  Act. These guidelines specifically incorporate by reference the guidelines
				  issued by the Department of Natural Resources on December 20,
				  1973.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.01 - Implementation of the Maryland Environmental Policy Act › Section 09.01.01.03 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
All Boards, commissions, and agencies within the Department
				  of Licensing and Regulation shall give appropriate consideration to possible
				  environmental effects which may arise in conjunction with any Agency proposal
				  or action. Environmental Assessment forms and Environmental Effects reports
				  shall be used in the decision making process in compliance with standards
				  established by the Department of Natural Resources.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				governs procedures for all contested case hearings of an administrative unit
				within the Department, with the exception of hearings conducted under the
				following:
(1) Public Safety Article, Title
				12, Subtitle 9, Annotated Code of Maryland, and corresponding
				regulations;
(2) Business
				Regulation Article, §
										3-314, Annotated
				Code of Maryland, and corresponding regulations;
(3) Labor and Employment Article, Title 5,
				Subtitle 2 and Subtitle 5, Part III, Annotated Code of Maryland, and
				corresponding regulations;
(4)
				Labor and Employment Article, Title 8, Subtitle 5, Annotated Code of Maryland,
				and corresponding regulations; and
(5) State Finance and Procurement Article,
				Title 17, Subtitle 2, Annotated Code of Maryland, and corresponding
				regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.03 - Complaints

Current through Register Vol. 51, No. 14, July 12, 2024
A. A complaint to
				an administrative unit may be made by any person or administrative
				unit.
B. The complaint shall be in
				writing, and shall state the facts on which the complaint is based.
C. In response to a complaint, an
				administrative unit may take one or more of the following actions:
(1) Dismiss the complaint;
(2) Refer the complaint for
				investigation;
(3) Take appropriate
				informal action consistent with the facts and circumstances of the
				complaint;
(4) Charge the
				respondent with violation of the relevant statutory and regulatory sections and
				give the respondent an opportunity to appear at a hearing before the
				administrative unit; or
(5)
				Schedule a hearing before the administrative unit on a claim against a guaranty
				fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.04 - Applications

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant who
				has been notified that a new or renewal license, certificate, registration, or
				permit, has been, or may be, denied may request a hearing before an
				administrative unit.
B. The
				administrative unit shall hold a hearing to provide the applicant an
				opportunity to present evidence in support of the application.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.05 - Hearing Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				administrative unit shall provide reasonable written notice of a hearing to the
				parties.
B. The hearing notice
				shall contain:
(1) The date, time, place, and
				nature of the hearing;
(2) A
				statement of the right to present witnesses, documents, and other forms of
				evidence, and the right to cross-examine witnesses of another party;
(3) A statement of the right to request
				subpoenas for witnesses and evidence, specifying the costs, if any, associated
				with the request;
(4) The
				availability on request of a copy of the hearing procedure, and the costs
				associated with the request;
(5) A
				statement of the right or restrictions pertaining to representation;
(6) A statement that failure to appear for
				the scheduled hearing may result in an adverse action against that party;
				and
(7) A statement that the
				parties may agree to the evidence and waive their right to appear at the
				hearing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.06 - Charging Document

Current through Register Vol. 51, No. 14, July 12, 2024
A. The charging
				document shall be attached to the notice of hearing or incorporated in
				it.
B. The charging document shall
				contain at least:
(1) The facts asserted, or
				if the facts cannot be stated in detail, the issues involved;
(2) The pertinent statutory and regulatory
				sections under which an administrative unit is taking action;
(3) The potential penalties; and
(4) A statement that if a hearing is not
				automatically scheduled, an applicant may request a hearing, and the process by
				which a request is made, including any time restrictions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.07 - Service of Notices, Orders, and Other Documents

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §B of this
				regulation or by prior agreement of the parties, the administrative unit shall
				serve all notices, orders, and other documents in one of the following ways:
(1) By personal delivery;
(2) By mailing a copy of the document, first
				class, postage prepaid, to the person's last known business or home address;
				or
(3) If the person is represented
				by counsel, by delivering or mailing a copy of the document, first class,
				postage prepaid, to the person's attorney.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.08 - Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party to a
				proceeding may:
(1) Appear in person or, if
				appearance by a representative is permitted by law, through a representative;
				or
(2) Be represented by an
				attorney authorized to practice in Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.09 - Failure to Appear

Current through Register Vol. 51, No. 14, July 12, 2024
A hearing may proceed as scheduled in the absence of a party
				  if the party has:
A. Been served in
				accordance with Regulation .07 of this chapter; and
B. Failed to obtain a postponement of the
				hearing from the administrative unit under Regulation .10 of this
				chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.10 - Postponement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				administrative unit may postpone a hearing for good cause only if a written
				request for postponement is filed with the administrative unit not later than
				10 days before the date of the hearing.
B. If a request for postponement is received
				later than 10 days before the date of the hearing, the administrative unit
				shall deny the request unless it determines that there were extenuating
				circumstances which justified the delay.
C. The failure of a respondent, claimant, or
				applicant to retain counsel or to timely request a subpoena may not be
				considered good cause under this regulation.
D. A request for postponement based on
				failure to obtain service on a witness may not be granted if the party has
				failed to comply with Regulation .12 of this chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.12 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. On request of a
				party to a proceeding, an administrative unit shall issue a subpoena requiring
				the attendance and testimony of a witness and, if requested, the production at
				the hearing of relevant documents and tangible items in the possession or under
				the control of the witness.
B. A
				request for the issuance of a subpoena shall be made in writing to the
				administrative unit not later than 10 days before the scheduled hearing
				date.
C. If a request for issuance
				of a subpoena is received by the administrative unit less than 15 days before
				the scheduled hearing date, the requesting party shall be responsible for
				service of the subpoena.
D. A
				request for a subpoena shall specify:
(1) The
				full name and address of the person to be subpoenaed;
(2) The full name, address, and telephone
				number of the party requesting the subpoena;
(3) The caption of the action for which a
				subpoena is requested;
(4) The
				date, time, and place of the hearing for which the subpoenaed person is to
				appear; and
(5) For a subpoena for
				the production of documents, a description of tangible items, books, papers, or
				other documents.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.13 - Conduct of the Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				quorum of the administrative unit shall be present for the hearing.
B. The presiding officer, in consultation
				with counsel, shall determine all procedural and evidentiary issues governed by
				this chapter and by the Administrative Procedure Act, and may impose reasonable
				time limitations.
C. The Maryland
				Rules of Civil Procedure may be used as a guide in resolving procedural issues
				governing the conduct of the hearing that are not addressed in this chapter and
				the Administrative Procedure Act.
D. The presiding officer may conduct all or
				any part of the hearing by telephone, television, or other electronic means, in
				accordance with State Government Article, §
									10-211, Annotated
				Code of Maryland.
E. Order of
				Proceedings. Absent unusual circumstances, the order of proceedings in a case
				involving disciplinary charges against a respondent shall be as follows:
(1) Opening statements and preliminary
				matters may be heard;
(2) All
				individuals planning to testify shall be sworn before testifying;
(3) The presenter of evidence shall present
				the case against the respondent;
(4) The respondent or the respondent's
				attorney or representative may present the respondent's case;
(5) The presenter may present a rebuttal
				case; and
(6) The administrative
				unit may hear closing arguments in the same order as the presentation of
				evidence and may receive written memoranda of law.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.14 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
The rules of evidence under this chapter shall be under State
				  Government Article, §
									10-213, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.15 - Interpreters

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, and applies to the administrative unit in advance of the hearing for
				the appointment of a qualified interpreter to assist that party or witness, the
				administrative unit shall appoint a qualified interpreter to provide assistance
				during the hearing.
B. With the
				approval of the administrative unit, a party who intends to offer the testimony
				of a witness who cannot readily hear, speak, or understand the spoken or
				written English language, may arrange for a qualified interpreter to assist the
				witness.
C. An interpreter shall
				take an oath or affirm that the interpreter will accurately
				translate.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.16 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the hearing
				of a contested case involving allegations that the respondent violated a law or
				regulation, the presenter of evidence for the administrative unit shall bear
				the burden of proving, by a preponderance of the evidence, that the respondent
				committed the violations set forth in the charging document.
B. In the hearing of a contested case
				resulting from the denial, or proposed denial, of a license, certificate,
				registration, or permit, the applicant shall have the burden of establishing,
				by a preponderance of the evidence, the applicant's entitlement to the license,
				certificate, registration, or permit.
C. In a proceeding involving a guaranty fund
				claim, the claimant shall have the burden of proving, by a preponderance of the
				evidence, that the claimant is entitled to be compensated from the appropriate
				guaranty fund.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.17 - Public Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by statute, all hearings conducted
				  under this chapter are open to the public.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.18 - Recording

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				administrative unit shall cause the proceedings to be recorded.
B. The record need not be transcribed unless
				requested by a party or the administrative unit.
C. The cost of a typewritten transcript of
				any proceeding or part of a proceeding shall be paid by the party requesting
				the transcript.
D. Except as
				provided in §A of this regulation, cameras, tape recorders, and other
				electronic and photographic equipment of any type are not permitted at the
				hearing, unless the equipment is intended to be introduced into evidence or
				used to present evidence.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.19 - Recusal

Current through Register Vol. 51, No. 14, July 12, 2024
A member of an administrative unit shall be recused from the
				  review of a complaint and from participating in a hearing if the
				  individual:
A. Has personal knowledge
				of the facts which gave rise to the complaint;
B. Has a personal or business relationship
				with any of the parties or witnesses; or
C. For any other reason may be unable to act
				impartially in the matter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.20 - Decisions

Current through Register Vol. 51, No. 14, July 12, 2024
A. After
				consideration of the testimony and other evidence, the administrative unit
				shall issue a written final order setting forth an appropriate disposition
				agreed to by a majority of the members of the unit who participated in the
				hearing.
B. A member who was not
				present at all parts of the hearing may not vote on the disposition.
C. The final order shall be issued within 90
				days after the record of the proceeding is closed unless the administrative
				unit gives written notice to the parties that the time limit has been
				extended.
D. The final order shall
				be signed by the presiding officer or a designee, and unless otherwise noted in
				the order, is final upon issuance.
E. A copy of the decision shall be maintained
				in the files of the administrative unit.
F. Decisions issued by an administrative unit
				in connection with a particular proceeding shall be mailed to the parties, or
				if represented by counsel to their attorney, by first-class mail within 3
				business days from the date of the issuance of the order.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.21 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A party aggrieved by the final decision in a contested case
				  is entitled to judicial review of the decision under State Government Article,
				  §
									10-222, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §B of this regulation, this chapter governs contested case
				hearings that an administrative unit has delegated to the Office of
				Administrative Hearings for a proposed decision under State Government Article,
				§
									10-205, Annotated
				Code of Maryland.
B. This chapter
				does not apply to cases arising under:
(1)
				Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and
				corresponding regulations;
(2)
				Business Regulation Article, §
										3-314, Annotated
				Code of Maryland, and corresponding regulations;
(3) Labor and Employment Article, Title 5,
				Subtitle 2 and Subtitle 5, Part III, Annotated Code of Maryland, and
				corresponding regulations;
(4)
				Labor and Employment Article, Title 8, Subtitle 5, Annotated Code of Maryland,
				and corresponding regulations; and
(5) State Finance and Procurement Article,
				Title 17, Subtitle 2, Annotated Code of Maryland, and corresponding
				regulations.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
The definitions in COMAR
				  09.01.02.02 apply to this
				  chapter.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.03 - Applicability

Current through Register Vol. 51, No. 14, July 12, 2024
An administrative unit, after consultation with the Office of
				  the Attorney General, may refer contested cases to the Office of Administrative
				  Hearings. The administrative unit shall advise the Office of Administrative
				  Hearings of the scope of authority delegated under State Government Article,
				  §
									10-205, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.05 - Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in this regulation, the ALJ shall conduct an evidentiary hearing under
				the Administrative Procedure Act and COMAR 28.02.01.
B. A motion to dismiss or any other
				dispositive motion may not be granted by the ALJ without the concurrence of all
				parties.
C. The presenter of
				evidence, the respondent, and the claimant may cross-examine any witness called
				by any party during a combined regulatory and guaranty fund hearing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.06 - Revocation of the Delegation of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. For a reason specified in §B of this
				regulation, an administrative unit or the Department may revoke, in whole or in
				part, the delegation of authority to the Office of Administrative Hearings to
				hear a contested case at any time before the earlier of:
(1) The issuance of a ruling on a substantive
				issue; or
(2) The taking of oral
				testimony from the first witness.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.07 - Withdrawal of a Case

Current through Register Vol. 51, No. 14, July 12, 2024
A. At any stage
				of the proceedings, upon the agreement of the parties, the case may be
				withdrawn from the Office of Administrative Hearings docket for settlement
				purposes.
B. Withdrawal of the case
				from the Office of Administrative Hearings docket may not be deemed a dismissal
				of the regulatory charges or the guaranty fund claim, and may not preclude a
				subsequent referral to the Office of Administrative Hearings, if settlement is
				not accomplished.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.08 - Proposed Decisions and Orders

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Upon completion of the hearing, the ALJ shall submit a proposed decision to the
				administrative unit.
B. The Office
				of Administrative Hearings may not distribute the proposed decision to the
				parties or to the public unless the delegation of authority specifically
				provides for that distribution.
C.
				The proposed decision shall comply with the requirements of the Administrative
				Procedure Act and COMAR
				28.02.01.22, and shall include:
(1) Written findings of fact;
(2) Proposed conclusions of law;
				and
(3) A recommended
				order.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.09 - Exceptions to the Proposed Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing Exceptions.
(1) A party adversely affected by a proposed
				order shall have 20 days from the postmark date of the proposed order to file
				exceptions with the administrative unit.
(2) The date of filing exceptions with the
				administrative unit shall be the date of personal delivery to the unit or the
				postmark date on mailed exceptions.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.03 - Hearings Delegated to the Office of Administrative Hearings › Section 09.01.03.10 - Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				administrative unit shall issue its final order within 90 days after the date
				of the hearing on exceptions.
B.
				The administrative unit may affirm, reverse, or modify the proposed order, or
				may remand the matter with specific instructions to the Office of
				Administrative Hearings.
C. The
				administrative unit shall send a copy of the final order to the parties, or if
				represented by counsel to their attorneys, by first-class mail within 3
				business days from the date of the issuance of the final order.
D. The final order or an accompanying letter
				shall advise the parties of their rights to judicial review of the
				decision.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A. These
				regulations set out procedures for filing requests with the Department of
				Labor, Licensing, and Regulation (the Department) for the inspection and
				copying of records under the Public Information Act, General Provisions
				Article, Title 4, Annotated Code of Maryland.
B. It is the policy of the Department to
				facilitate public access to the records of the Department, when access is
				allowed by law, by minimizing costs and time delays to persons requesting
				information.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A.
Unless otherwise noted, the
				  definitions set forth in General Provisions Article, Title 4, Annotated Code of
				  Maryland, apply in this chapter.
B. "Custodian" means the
				Secretary of the Department or the Secretary's designee employed by the
				Department who has personal custody and control of public records of the
				Department.
C. "PIA
				Coordinator" means the Department employee who is responsible for accepting,
				monitoring, and, with advice from the Department's legal staff, processing of
				requests for public records.
D.
				"Public Access Ombudsman" means the official appointed under General Provisions
				Article, Title 4, Subtitle 1B, to address disputes under the Public Information
				Act, General Provisions Article, Title 4, Annotated Code of Maryland.
E.
				(text unchanged)
F. "Working day" means a day other than Saturday,
				Sunday, a State holiday, or a day of State emergency closure.
G.
				"Written documents" means all books, papers, copies of electronic
				communications, maps, photographs, cards, tapes, computer disks, flash drives,
				recordings, computerized records, and other documentary materials, regardless
				of physical form or characteristics.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.04 - Request to Inspect a Public Record

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Necessity for Written Request. Except as otherwise provided in General
				Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall
				require a written request via regular or electronic means from a person or
				governmental unit that wishes to inspect a public record.
B. Contents of Written Request. A written
				request shall contain the applicant's name and address, shall be signed by the
				applicant, and shall reasonably identify by brief description the record
				sought.
C. Addressee. A written
				request shall be addressed to the custodian of the record. If the custodian is
				unknown to the applicant, the request may be addressed to the
				Secretary.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.05 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Decision to Grant a Request.
(1) If the
				custodian decides to grant a written request for inspection, the custodian
				shall be responsible for producing the public record for inspection immediately
				or within a reasonable period, not to exceed 30 days from the date the request
				was received.
(2) If the custodian
				reasonably believes that it will take more than ten (10) working days to
				produce the public record, the custodian shall indicate in writing via regular
				or electronic mail within 10 working days after receipt of the request:
(a) The amount of time the custodian
				anticipates it will take to produce the public record;
(b) An estimate of the range of fees that may
				be charged to comply with the request for public records; and
(c) The reason why it will take more than 10
				working days to produce the public records.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.06 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				provided in §§C and D of this regulation, the custodian shall provide
				an applicant with a copy of the public record in a searchable and analyzable
				electronic format if:
(1) The public record is
				in a searchable and analyzable electronic format;
(2) The applicant requests a copy of the
				public record in a searchable and analyzable electronic format; and
(3) The custodian is able to provide a copy
				of the public record, in whole or in part, in a searchable and analyzable
				electronic format that does not disclose information that may not be disclosed
				under the Act.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.07 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the custodian is aware that a requested public record of
				  the Department has been destroyed or lost, the custodian shall within a
				  reasonable time notify the applicant that the public record is not available
				  and explain the reasons why the public record cannot be
				  produced.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.08 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				custodian denies a request to inspect or copy a public record of the
				Department, the applicant may file an action for judicial enforcement under
				General Provisions Article, §
									4-362, Annotated
				Code of Maryland, without pursuing the remedies set forth in §§B and
				C of this regulation.
B. If the
				custodian charges a fee of more than $350 under Regulation .12 of this chapter,
				the applicant may, within 90 days after the date the fee is imposed, file a
				written complaint with the Board under General Provisions Article, §
									4-1A-05(a),
				Annotated Code of Maryland.
C. The
				applicant and the custodian may contact the Public Access Ombudsman to resolve,
				under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of
				Maryland, a dispute relating to a request for public records.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.09 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial Pending Court Order.
(1) If, in the opinion of the Secretary,
				disclosure of any public record that is otherwise required to be disclosed
				under the Act would do substantial injury to the public interest, the Secretary
				may temporarily deny the request and seek a court order allowing continued
				nondisclosure.
(2) A temporary
				denial shall be in writing.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.10 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				applicant may inspect any public record that the applicant is entitled to
				inspect during the normal working hours of the Department.
B. The place of inspection shall be the place
				where the public record is located, unless the custodian, after taking into
				account the applicant's expressed preferences, determines that another place of
				inspection is more suitable and convenient.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.11 - Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. A compelling
				public purpose shall be deemed to exist under General Provisions Article,
				§
									4-333, Annotated
				Code of Maryland, and the custodian of occupational and professional licensing
				records within the Department may permit the right of inspection of
				occupational and professional licensing data on individual persons other than
				that data specified under General Provisions Article, §
									4-333, Annotated
				Code of Maryland, as set forth in this regulation.
B. The number, nature, and administrative
				status of complaints filed against the individual person who is the subject of
				the occupational and professional licensing record may be disclosed.
C. Complaints, reports of investigation, and
				expert reports concerning the individual person who is the subject of the
				occupational and professional licensing record may be inspected if the person
				requesting the inspection:
(1) Has filed a
				complaint against the person who is the subject of the occupational and
				professional licensing record and the request is limited to only these
				documents relating to this complaint;
(2) Has filed a guaranty fund claim or a
				claim with a surety and the request is limited to only these documents relating
				to this guaranty fund or surety claim;
(3) Is affiliated with a federal, state,
				local or other law enforcement agency and has requested the inspection for
				law-enforcement or prosecutorial purposes; or
(4) Has requested the inspection on behalf of
				a surety investigating pending claims against the surety's bond for the
				particular licensee.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.12 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee schedule
				for copying and certifying copies of records is as follows:
(1) Copies.
(a) The fee for each copy made is 25 cents
				per page if reproduction is made by a standard printer or photocopying or
				scanning machine within the Department;
(b) The fee for each copy made otherwise
				shall be based on the actual cost of reproduction.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.04 - Public Information Act Requests › Section 09.01.04.13 - Sociological Information

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				Definition. For purposes of this regulation and as provided for under General
				Provisions Article, §
									4-330, Annotated
				Code of Maryland, "sociological information" means any of the following
				information requested from the Department:
(1) Social Security number;
(2) Personal address;
(3) Personal phone number;
(4) Information regarding marital status,
				dependents, or relatives; and
(5)
				Information regarding employment status, including employment
				application.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.05 - Petition for Adoption of Regulations › Section 09.01.05.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The purpose of these regulations is to enable any interested
				  person to request promulgation of regulations affecting matters under the
				  authority of the Secretary or any constituent officer, commission, or agency,
				  or to request amendment or repeal of any existing
				  regulations.