reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 38 - STATE BOARD OF INDIVIDUAL TAX PREPARERS › Chapter 09.38.02 - Continuing Education › Section 09.38.02.02 - Basic Requirement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A renewal
				applicant shall complete at least 16 hours of qualifying continuing education
				for each 2-year registration term.
B. A minimum of 4 hours of the continuing
				education for each 2-year registration term shall be in Maryland tax-related
				subjects.
C. The Board may accept
				continuing education hours approved by the Internal Revenue Service.
D. Continuing education hours earned in
				excess of the 16 hours for a 2-year registration term shall not be credited
				towards the continuing education requirement for a subsequent 2-year
				registration term.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 38 - STATE BOARD OF INDIVIDUAL TAX PREPARERS › Chapter 09.38.02 - Continuing Education › Section 09.38.02.03 - Programs Which Qualify

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				overriding consideration in determining whether a specific program qualifies is
				that it shall be a formal program of learning which contributes directly to the
				professional competence of the individual.
B. Group Continuing Education Programs.
(1) Group continuing education programs will
				qualify only if §A of this regulation is met and:
(a) An outline is prepared in advance and
				preserved for review by the Board, if required;
(b) The program is at least 1 hour (50-minute
				instruction period) in length;
(c)
				The program is conducted by a qualified instructor;
(d) A record of attendance is preserved;
				and
(e) The sponsor agrees to admit
				a member of the Board on request to monitor the program.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 38 - STATE BOARD OF INDIVIDUAL TAX PREPARERS › Chapter 09.38.02 - Continuing Education › Section 09.38.02.04 - Controls and Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. A renewal
				applicant shall provide a certification of compliance with renewal
				requirements, under Business Occupations and Professions Article, §§
									21-308
				and
				21-309,
				Annotated Code of Maryland, under penalty of perjury, in an appropriate form
				specified by the Board.
B. The
				Board, at its discretion, may verify the information and documentation
				supporting a renewal applicant's certification of continuing education credit.
				Upon request, the renewal applicant shall submit to the Board, or its designee,
				copies of the original documentation supporting the certification provided
				under §A of this regulation.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 38 - STATE BOARD OF INDIVIDUAL TAX PREPARERS › Chapter 09.38.02 - Continuing Education › Section 09.38.02.05 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may issue a registration to a renewal applicant who
				  has not fully complied with the continuing education requirements in cases when
				  failure by the applicant to fulfill this requirement has been caused by reason
				  of any of the following:
A. Health as
				certified by a medical doctor;
B.
				Military service on extended active duty with the armed forces of the United
				States; or
C. Other good and valid
				causes, as determined and approved by the Board.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 39 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - APPRAISAL MANAGEMENT COMPANIES › Chapter 09.39.01 - Fees › Section 09.39.01.01 - Schedule of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Pursuant to Business Occupations and Professions Article,
				  Title 16, Annotated Code of Maryland, the Commission shall set fees to produce
				  funds to approximate the cost of maintaining the Commission. Fees charged by
				  the Commission are as follows:
A.
				Appraisal management company application review fee (nonrefundable) -
				$250;
B. Original appraisal
				management company registration fee - $1,750; and
C. Annual appraisal management company
				registration fee - $2,000.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 39 - COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS - APPRAISAL MANAGEMENT COMPANIES › Chapter 09.39.02 - General Regulations › Section 09.39.02.01 - Correspondence with the Commission

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				an applicant or licensee receives from the Commission a written communication
				requesting a response, the applicant or licensee shall respond in writing
				within 30 days of the date of the mailing.
B. The Commission shall send a written
				communication by first-class mail to the last address furnished to the
				Commission by the applicant or registrant.
C. It is the applicant's or registrant's
				responsibility to notify the Commission if there has been a change in the
				applicant's or registrant's address.
D. Failure to respond as required by this
				regulation may be considered by the Commission to be a violation of Business
				Occupations and Professions Article, §
									16-701.2(a)(5),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 40 - LOCKSMITHS › Chapter 09.40.01 - Fees › Section 09.40.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter is intended to carry out the provisions of
				  Business Regulation Article, §§ 12.5.-202, 12.5-209 and 12.5-210,
				  Annotated Code of Maryland. In particular, it is intended to set various fees
				  associated with licensing of locksmiths.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 40 - LOCKSMITHS › Chapter 09.40.01 - Fees › Section 09.40.01.02 - Schedule of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees charged by the Secretary are as follows:
A. Application Fee - $225;
B. License Renewal Fee - $225; and
C. Change of Name Fee - $ 50.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 40 - LOCKSMITHS › Chapter 09.40.02 - General Regulations › Section 09.40.02.01 - Failure to Respond

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				otherwise provided in Business Regulation Article, §
									12.5-303,
				Annotated Code of Maryland, if an applicant or licensee receives from the
				Secretary or the Secretary's designee a written communication requesting a
				response, the applicant or licensee shall respond in writing within 30 days of
				the date of the mailing.
B. The
				Secretary or the Secretary's designee shall send a written communication by
				first-class mail to the last business address furnished to the Secretary or the
				Secretary's designee by the applicant or licensee.
C. It is the responsibility of an applicant
				or licensee to notify the Secretary or the Secretary's designee in writing if
				there has been a change in an applicant's or licensee's address.
D. Failure to respond as required by this
				regulation may be considered by the Secretary or the Secretary's designee to be
				a violation of Business Regulation Article, §
									12.5-211(a)(l)(xiii),
				Annotated Code of Maryland.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.01 - Registration Form

Current through Register Vol. 51, No. 14, July 12, 2024
In accordance with the provisions of Business Occupations and
				  Professions Article, § 10.5 -105, Annotated Code of Maryland, each
				  applicant shall use the initial or renewal registration form, as appropriate,
				  provided by the Department.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.02 - Name and Address Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for registration as an Oil
				and Gas Land Professional may not provide a post office box number as a primary
				address.
B. When a registered Oil
				and Gas Land Professional changes the registrant's name or address, the
				registrant shall notify the Secretary in writing within 10 days of the
				changes
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.03 - Disclosure of Professional Designation or Recognized Professional Credential

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				applicant for registration as an Oil and Gas Land Professional shall disclose
				to the Department any professional designation or recognized professional
				credential held by the applicant if the applicant intends to advertise the
				credential in the exercise of the applicant's activities as a registered Oil
				and Gas Land Professional.
B. The
				Department may disclose the credential, along with any relevant information
				regarding the nature of the credential, to the public.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.04 - Registration Number and Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall issue to each applicant who submits a
				  completed application form and the required fee:
(1) A registration number; and
(2) A registration certificate valid for 2
				years.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.05 - Notice of Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall notify a registered Oil and Land Gas
				  Professional at least 60 days prior to the expiration of the individual's
				  registration.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.01 - General Regulations › Section 09.41.01.06 - Renewal Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall issue a 2-year registration renewal
				  certificate to a registrant who submits a completed renewal application form
				  and the required fee prior to the expiration of the registrant's current
				  registration.
Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 41 - OIL AND GAS LAND PROFESSONALS › Chapter 09.41.02 - Fees › Section 09.41.02.01 - Application and Renewal Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees charged by the Secretary are as follows:
A. Application Fee-$50
B. Registration Renewal Fee-$50
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.01 - Purpose and Effective Date

Current through Register Vol. 51, No. 14, July 12, 2024
A. Effective
				  July 1, 2021, there is an income tax credit for nurse practitioners,
				  physicians, and physician assistants that serve as preceptors in health care
				  workforce shortage areas.
B. This
				  chapter describes the procedures used by the Secretary of Health to monitor,
				  evaluate eligibility for, and issue income tax credits for nurse practitioners,
				  physicians, and physician assistants that serve as preceptors without
				  compensation in health care workforce shortage areas.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.02 - 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) Applicant" means an individual:
(a) Who has submitted an application to the
				  Department for an income tax credit for serving as a preceptor; and
(b) Whose status for receipt of a tax credit
				  has not yet been determined.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.03 - Eligibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensed
				  physician is eligible for an income tax credit if the individual served without
				  compensation as a:
(1) Physician preceptor in
				  a physician preceptorship program authorized by an accredited medical school in
				  the State and worked:
(a) A minimum of three
				  rotations, each consisting of 100 hours of community-based clinical training;
				  and
(b) In a health care workforce
				  shortage area;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.04 - Application and Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicant.
(1) An applicant shall submit:
(a) A completed application to the Department
				  on the form designated by the Department; and
(b) Supporting documentation required by the
				  Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.05 - Verification and Audit of Income Tax Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Department may:
(1) Request from an applicant or preceptor
				  additional information to verify statements in an application for an income tax
				  credit; and
(2) Use independent
				  verification, such as a preceptor list and preceptor completion letters
				  received by the medical and nursing schools, to verify information reported on
				  an application for an income tax credit.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.06 - Income Tax Credits

Current through Register Vol. 51, No. 14, July 12, 2024
A. On approval
				  of an application, the Department shall issue an income tax credit certificate
				  to the approved licensed physician in the amount of $1,000 for each medical
				  student rotation for which the physician served as a preceptor:
(1) For a minimum of three rotations, each
				  consisting of 100 hours of community-based clinical training;
(2) Without compensation; and
(3) In a health care workforce shortage
				  area.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.07 - Nurse Practitioner Preceptorship Tax Credit Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose
				  of the Nurse Practitioner Preceptorship Tax Credit Fund is to offset the costs
				  of the income tax credit for preceptors of nurse practitioner
				  students.
B. The Fund is:
(1) A special continuing, nonlapsing fund
				  pursuant to Tax-General Article, § 10-738, Annotated Code of Maryland;
				  and
(2) Not subject to State Finance
				  and Procurement Article, §
											7-302,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.08 - Physician Assistant Preceptorship Tax Credit Fund

Current through Register Vol. 51, No. 14, July 12, 2024
A. The purpose
				  of the Physician Assistant Preceptorship Tax Credit Fund is to offset the costs
				  of the income tax credit available to approved preceptors of physician
				  assistant students.
B. The Fund is:
(1) A special, nonlapsing fund pursuant to
				  Tax-General Article, § 10-738, Annotated Code of Maryland; and
(2) Not subject to State Finance and
				  Procurement Article, §
											7-302,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.09 - Physician Preceptorship Income Tax Credits

Current through Register Vol. 51, No. 14, July 12, 2024
Each year an amount not exceeding $100,000 of the unspent
					 portion of the money that is transferred to the Office of Student Financial
					 Assistance for use for the Health Personnel Shortage Incentive Grant Program
					 may be transferred to or revert to the General Fund of the State in order to
					 offset the costs of the income tax credit for physician
					 preceptors.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.10 - Limits and Excess Amounts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The amount
				  of income tax credit stated in the income tax credit certificate may not exceed
				  $10,000 for any individual in any taxable year.
B. Physician Preceptorship Program.
(1) The Department may not issue more than
				  $100,000 in income tax credit certificates for each taxable year.
(2) If the aggregate amount of income tax
				  credit certificates issued during a taxable year totals less than $100,000, the
				  excess amount may be issued for income tax credit certificates in the next
				  taxable year.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.11 - Responsibilities of the Comptroller

Current through Register Vol. 51, No. 14, July 12, 2024
On notification that an income tax credit certificate has
					 been issued by the Department, the Comptroller shall transfer an amount equal
					 to the income tax credit amount stated in the income tax credit certificate
					 from the Nurse Practitioner Preceptorship Tax Credit Fund or the Physician
					 Assistant Preceptorship Tax Credit Fund, or both, to the General
					 Fund.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.01 - Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages › Section 10.01.01.12 - Expiration of Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  remains in effect until the earlier of:
(1)
				  The date that funding for income tax credits ceases to be available;
				  or
(2) June 30, 2026.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to hearings the Secretary conducts to gather information from the
				  general public before making a decision or taking an action such as adopting a
				  regulation or issuing a license, certificate, or permit.
B. This chapter does not apply to contested
				  case hearings or any hearing where the purpose is other than to gather
				  information from the public at large or from a person with a specific interest
				  in the issue.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.02 - 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) "Department" means the Department of
				  Health and Mental Hygiene.
(2)
				  "Hearing" means a formal meeting, properly published and convened, the sole
				  purpose of which is to gather information from the public at large, or other
				  group or person as required by law, before making a decision or taking an
				  action.
(3) "Hearing examiner"
				  means the Secretary of Health and Mental Hygiene or that employee of the
				  Department designated by the Secretary to conduct a specific hearing or
				  hearings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.03 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Department shall publish a notice of the hearing in the Maryland Register and
				  any other publication required by law.
B. The Department shall include in any
				  published or circulated notice of the hearing:
(1) The time of the hearing;
(2) The place of the hearing, giving the
				  street address, floor, and designated room;
(3) The purpose of the hearing;
(4) A statement that the Department will make
				  reasonable accommodation for individuals with disabilities if these individuals
				  advise the Department of their special needs by giving the Department
				  reasonable advance notice; and
(5)
				  Any other applicable publishing requirements in law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.04 - Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing
				  examiner shall give all persons present who wish to testify an opportunity to
				  do so but may limit repetitious testimony.
B. The right of cross-examination is not
				  applicable to hearings under this chapter.
C. The hearing examiner may:
(1) Allow questions from the
				  audience;
(2) Take questions from
				  the audience and redirect the questions to others present at the
				  hearing;
(3) Ask questions of
				  anyone present at the hearing; and
(4) Refer questions to agency personnel who
				  may respond after the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.05 - Oaths and Affirmations

Current through Register Vol. 51, No. 14, July 12, 2024
The formality of an oath may be dispensed with unless the
					 hearing examiner believes the oath gives some assurance of veracity, formality,
					 or decorum to the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.06 - Conduct and Control of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing examiner shall determine the
				  conduct of the hearing, including:
(1) The
				  order of presentation; and
(2) Time
				  limits for questions and testimony.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.07 - The Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the
				  Department's discretion, the Department or a court reporter service shall
				  stenographically record verbatim or tape record the hearing.
B. If a court reporter service records the
				  hearing:
(1) The Department shall arrange for
				  the court reporter service to retain the tape recording or stenographic
				  recording for 1 year following the final decision or action; and
(2) A person who desires a copy of the
				  transcript may purchase a copy from the court reporter service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.08 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing
				  examiner controls the record.
B.
				  The hearing examiner shall assemble a record that consists of all of the
				  following:
(1) Exhibits and documents entered
				  into the record, such as:
(a) Proposed
				  regulations or applications for licenses, certificates, or permits,
(b) Documentation of public notification of
				  the hearing, and
(c) Relevant
				  supporting and opposing documentation obtained before, during, and subsequent
				  to the hearing;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.02 - Procedures for Public Hearings › Section 10.01.02.09 - Postponement and Continuance

Current through Register Vol. 51, No. 14, July 12, 2024
The hearing examiner has sole discretion over:
A. Postponement or continuance of the
				  hearing; and
B. Keeping the record
				  open beyond the date of the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to hearings that the Secretary is required to conduct by statute or
				  regulation except for those hearings for which specific procedural regulations
				  have been promulgated. This chapter does not apply to conferences,
				  investigations, or proceedings at which the general public has been assembled
				  to provide comments and opinions regarding a permit or license proposed to be
				  issued by the Department, or to hearings before the Department's Boards and
				  Commissions, which are authorized by law to conduct their own hearings.
B. These procedures are intended
				  to supplement the procedures required by law. They are not substantive and are
				  not to be construed as creating rights not set out by law. In the event of
				  conflict, statutory provisions take precedence over this chapter.
C. Construction.
(1) In hearings conducted by an
				  administrative law judge of the Office of Administrative Hearings, this chapter
				  shall be construed, whenever possible, as supplementing COMAR 28.02.01.
(2) In a conflict between this
				  chapter and COMAR 28.02.01, this chapter applies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  terms have the meanings indicated.
B. Terms Defined.
(1) Civil Penalty.
(a) "Civil penalty" means a monetary penalty
				  authorized by statute or regulation and imposed for a violation of a statute,
				  regulation, permit, or license.
(b) "Civil penalty" does not include
				  statutorily authorized reimbursement of State or federal expenditures.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.03 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter shall be construed to secure the just and
					 speedy determination of each action. If a party fails to follow this chapter,
					 the ALJ or the Secretary may enter such orders in regard to the failure as are
					 just, including limiting the issues to be heard and dismissing the request for
					 hearing or entering an order on the merits against the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.04 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
The record in each case shall include:
A. The items listed in COMAR
				  28.02.01.22B; and
B. In the case of a proposed
				  decision:
(1) Any exceptions filed by any
				  party;
(2) The response to those
				  exceptions;
(3) The final
				  decision; and
(4) Any
				  correspondence relating to the proposed decision, the exceptions process, and
				  the final decision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.05 - Notice of the Right to a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall provide the notices of agency action
					 and of the right to a hearing required by law. The notices shall contain the
					 information required by State Government Article, §§
										10-207 and
					 10-208, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.06 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  person, either directly or through a representative, may request a hearing by
				  mailing or delivering a written request via U.S. mail, facsimile, or electronic
				  mail to the individual and unit of the Department specified in the notice
B. The request shall state that
				  the person desires a hearing in order to review a matter that is the proper
				  subject of a hearing as provided under Department regulations or other
				  applicable law. In addition, the person requesting the hearing shall enclose a
				  copy of the notice of agency action being appealed.
C. The request shall include a brief
				  statement of the basis for the request, and other information required by law.
D. The Department or constituent
				  unit may require a statement to be made on a form if the person is notified of
				  this requirement and is provided a copy of the form in the notice of the right
				  to a hearing.
E. A request for a
				  hearing shall be deemed filed when received in the unit of the Department
				  specified in the notice required by Regulation .05 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.07 - Delegation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Contested cases
				  that are authorized by statute to be conducted by the Secretary or the
				  Department shall be conducted by:
(1) OAH in
				  accordance with a letter of delegation from the Secretary; or
(2) Such other person as authorized by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.08 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department is required to make service, service
					 may be made in any manner reasonably calculated to provide the required notice
					 to the intended recipient. Service upon a party who has applied for a permit,
					 license, or certificate or to whom a permit or license or certificate has been
					 issued by the Department may be made by delivering a copy to the last known
					 address in the Department's records.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.09 - Certificates of Service

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever a party is required by this chapter to serve a
					 copy of a pleading or memorandum upon another party, a certificate shall be
					 appended to the pleading or memorandum stating:
A. To whom the copy was sent;
B. The address to which the copy was sent;
C. The name of the person who sent
				  the copy; and
D. The date the copy
				  was sent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.10 - Continuances

Current through Register Vol. 51, No. 14, July 12, 2024
A. On motion or on
				  the Secretary's own initiative, an exceptions hearing may be continued by the
				  Secretary as justice may require.
B. Requests for postponement shall be
				  confirmed in writing, and the written request shall:
(1) Set forth the reason for the request; and
(2) Unless the parties agree to
				  schedule beyond the 45-day period, list at least three dates within the 45-day
				  period following the day originally scheduled on which the party and counsel
				  would be available for a hearing.
(3) Whenever feasible, a postponed hearing
				  shall be rescheduled within the 45-day period.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.11 - Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
For good cause, either the Secretary or the ALJ may
					 shorten, extend, or waive any time periods provided in this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.12 - Appointment of Interpreter

Current through Register Vol. 51, No. 14, July 12, 2024
A. If
				  a party cannot readily hear, speak, or understand the spoken English language,
				  the Secretary may appoint a qualified interpreter to provide assistance during
				  an exceptions hearing.
B. Costs of
				  an interpreter may be charged to the party on whose behalf the interpreter is
				  obtained.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.13 - Appearance of Parties at Hearings; Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party to a proceeding may be represented
				  by an attorney, or, if allowed by law, appear in person or through another
				  representative.
B. Except as
				  otherwise provided by law, a person other than an individual shall be
				  represented by an attorney authorized to practice law in the State.
C. Unless the appearance is subsequently
				  withdrawn in writing, any notice, decision, or other matter required to be sent
				  to a party may be sent to the attorney at the attorney's address.
D. When any party is represented by counsel,
				  all submission of evidence, examination, and cross-examination of witnesses,
				  and all objections and motions on its behalf shall be made solely by counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.14 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery on
				  Request. By written request filed with OAH and served on other parties at least
				  twenty days before the scheduled hearing, a party may require another party to
				  produce, within 15 calendar days:
(1) A list
				  of witnesses to be called;
(2)
				  Copies of documents intended to be produced at the hearing; and
(3) The name and curriculum vitae of any
				  expert who will testify at the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.15 - Open Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  otherwise provided by law, documents, notices, and records in the possession of
				  the Secretary as a result of these contested case proceedings may be inspected
				  by any person as provided in State Government Article, §
										10-611 et seq.,
				  Annotated Code of Maryland.
B.
				  Cameras and other photographic equipment may be permitted in the exceptions
				  hearing room at the discretion of the Secretary.
C. The Secretary may cause the removal of any
				  person whose conduct impedes the orderly progress of an exceptions hearing, or
				  may recess the hearing until such time as it may proceed in an orderly fashion.
D. The Secretary may exclude from
				  an exceptions hearing a person or persons who have given the Secretary no
				  advance notice of an intention to attend, if the size of the hearing room is
				  too small to accommodate the presence of that person or persons.
E. An exceptions hearing is open to public
				  observation, except for the parts that the Secretary states are to be closed
				  pursuant to a provision of law expressly authorizing that closure. To the
				  extent that a hearing is conducted by telephone, television, or other
				  electronic means, the availability of public observation is satisfied by giving
				  members of the public an opportunity, at reasonable times, to hear the tape
				  recordings, except for such portions of the hearing as are closed pursuant to
				  this section.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.16 - Burden of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. When, by specific statute or regulation,
				  the burden of going forward or the burden of persuasion rests upon a certain
				  party, this regulation does not shift those burdens.
B. Except as provided in §A of this
				  regulation:
(1) A party requesting a hearing
				  following notice of the Department's intent to deny or refuse to renew a permit
				  or license bears the burden of going forward to establish a prima facie case of
				  entitlement to the permit or license and the burden of persuasion that the
				  permit or license should be issued;
(2) A party contesting the Department's
				  tentative decision to issue or renew a permit or license bears the burden of
				  going forward to establish a prima facie case that grounds exist for denying
				  the license or permit and the burden of persuasion that the license or permit
				  should be denied;
(3) In a
				  proceeding following notice by the Department of an intent to revoke or suspend
				  a permit or license, the Department bears the burden of going forward to
				  establish a prima facie case as to the existence of grounds for revocation or
				  suspension and the burden of persuasion that the license or permit should be
				  revoked or suspended;
(4) In a
				  proceeding to impose a civil penalty or to issue an order, the Department bears
				  the burden of going forward to establish a prima facie case as to existence of
				  the grounds for imposition of a civil penalty or issuance of an order and the
				  burden of persuasion that the civil penalty should be imposed or order issued;
				  and
(5) In a proceeding in which a
				  party seeks payment from the Department or contests the recoupment by the
				  Department of an alleged overpayment, the party seeking payment or contesting
				  recoupment has burden of going forward and the burden of persuasion.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.17 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary is not bound by the ALJ's proposed decision even in those cases where
				  no exceptions are filed.
B. If no
				  exceptions have been filed and, after reviewing an ALJ's proposed decision, the
				  Secretary concludes that the Secretary is unable to approve that decision as
				  written, the Secretary shall notify all parties and invite argument from the
				  affected parties on the issues the Secretary is reconsidering.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.18 - Exceptions; Requests for Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
A. Exceptions to an ALJ's proposed decision
				  shall be filed with the Secretary within 21 days after the ALJ's proposed
				  decision is received. Receipt is presumed to occur 3 days after mailing.
B. Exceptions shall be in writing
				  and contain a concise statement as to each portion of the ALJ's determination
				  to which exception is taken and the asserted basis for taking the exception.
C. Any party may file a written
				  response to exceptions taken to the ALJ's proposed decision within 14 days of
				  the filing of exceptions.
D. A
				  copy of the exceptions and any response shall be served on all parties to the
				  proceedings.
E. The Secretary
				  shall hear oral argument on the exceptions and may limit the time for oral
				  argument in the discretion of the Secretary.
F. The Secretary shall consider the
				  exceptions filed before rendering the final agency decision.
G. A party that intends to refer to any
				  evidence produced at the hearing before the ALJ shall notify the agency of the
				  specific evidence in its request for exceptions. That party is responsible for
				  filing with the Secretary a copy of the transcript of the hearing, or relevant
				  portions of it, at that party's expense, at least 5 days before the scheduled
				  exception hearing.
H. If all
				  parties are in agreement, a stipulation of facts may be submitted instead of a
				  transcript.
I. Additional evidence
				  may not be introduced, nor may testimony of witnesses be heard by the
				  Secretary. All exception hearings or reviews shall be conducted on the basis of
				  the record compiled before the ALJ.
J. Within 90 days after the conclusion of the
				  exceptions hearing, the Secretary shall adopt a final decision and, if
				  appropriate, an order. Copies of the final decision and findings of fact and
				  conclusions of law shall be delivered or mailed promptly to all parties or to
				  their attorneys.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.19 - Stays

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  prohibited by law, a party that is adversely affected by a final order may
				  request a stay of the order from the Secretary pending judicial review.
B. A request for a stay shall be
				  filed with the Secretary within 10 days of the date of the final order from
				  which the stay is sought.
C. A
				  request shall include a statement of the reasons a stay is sought.
D. A request shall include a statement of the
				  grounds for the appeal to the Board of Review or the petition for judicial
				  appeal.
E. The Secretary may grant
				  a stay upon such conditions, including security or bond, as the Secretary
				  determines to be proper.
F. A
				  request for stay may not operate as a stay, nor extend the time for appeal.
G. The Secretary may hold a
				  hearing on a request for a stay, or rule upon the request without a hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.03 - Procedures for Hearings Before the Secretary of Health and Mental Hygiene › Section 10.01.03.20 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise agreed between the parties, a party may
					 not file a petition for the judicial review of a decision of the Secretary
					 unless the party has filed exceptions with the Secretary to the proposed
					 decision and the Secretary has rendered a final decision. This provision does
					 not apply when the Secretary has delegated final decision-making authority to
					 OAH.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.02 - Opportunity for a Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  An opportunity for a fair hearing shall be granted if:
(1) A Program applicant claims their
				  application for Program eligibility is denied;
(2) A Program applicant claims that the determination of
				  eligibility received through Maryland Health Connection is incorrect;
(3) A Program applicant claims their
				  application for eligibility, or any part thereof, is not acted upon within:
(a) 30 days from the date of application to
				  an insurance affordability program;
(b) 45 days from the date of application for
				  aged or blind applicants to the Program; or
(c) 60 days from the date of application to
				  the Program in the case of determination of disability;
(4) A Program recipient asserts their claim
				  for Program services has been erroneously denied or is not acted upon with
				  reasonable promptness;
(5) A
				  Program recipient asserts that the Program has acted erroneously;
(6) A Program recipient residing in a
				  skilled nursing facility or nursing home asserts that the recipient has been or
				  will be erroneously transferred or discharged;
(7) A Program recipient asserts that the Program has made an
				  erroneous decision related to nursing home preadmission and annual review;
				  or
(8) A Program participant in an
				  MCO is appealing an action by an MCO and the appeal has been filed within 120
				  days from the date specified in the notice from the MCO as required by COMAR
				  10.09.71.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 1 › Subtitle 01 - PROCEDURES › Chapter 10.01.04 - Fair Hearing Appeals Under the Maryland State Medical Assistance Program › Section 10.01.04.03 - Notification of Right to Request a Fair Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program, delegate agency, or MCO shall
				  notify an individual and his or her authorized representative, if previously
				  designated by the individual or recognized as valid by the Program, in writing:
(1) Of the right to obtain a fair
				  hearing;
(2) Of the method to
				  obtain the hearing; and
(3) That
				  the individual may represent himself or use an authorized representative at a
				  fair hearing.