reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.07 - Hearing Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
All contested cases which are authorized by statute to be
					 conducted by the Department shall be conducted by a hearing
					 examiner.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.08 - Separation of Functions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  individual who has served as prosecutor in an adjudicative proceeding may not
				  serve as hearing examiner or assist or advise a hearing examiner in the same
				  adjudicative proceeding.
B. A
				  person who has participated in a determination of probable cause or other
				  equivalent preliminary determination in an adjudicative proceeding may serve as
				  hearing examiner or as a final decision maker, or may assist or advise a
				  hearing examiner or final decision maker in the same adjudicative proceeding,
				  unless a party demonstrates grounds for disqualification in accordance with
				  Regulation .10 of this chapter.
C.
				  A person is not disqualified from serving as a hearing examiner or final
				  decision maker at an adjudicative proceeding because of participation at a
				  prior nonadjudicative proceeding involving the same matter.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.09 - Powers and Duties of Hearing Examiners

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing examiner shall have the
				  authority and duty to:
(1) Conduct a full,
				  fair, and impartial hearing;
(2)
				  Take action to avoid unnecessary delay in the disposition of the proceedings;
				  and
(3) Maintain order.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.10 - Disqualification; Substitution of Hearing Examiners

Current through Register Vol. 51, No. 14, July 12, 2024
A. Hearing examiners may disqualify
				  themselves for any reason which affects or may appear to affect their
				  impartiality, and shall disqualify themselves for the reasons stated in Rule
				  1231 of the Maryland Rules of Procedure, Rule of Judicial Ethics 2, which
				  provides: "A judge shall not exercise his duties with respect to any matter in
				  which a near relative by blood or marriage is a party, has an interest, or
				  appears as a lawyer. He shall not participate in any matter in which he has a
				  significant financial interest or in which he previously acted as lawyer. For
				  the purpose of this rule, 'near relative' shall mean connection by
				  consanguinity or affinity within the third degree, counting down from a common
				  ancestor to the more remote."
B. A
				  party may petition for the disqualification of a hearing examiner promptly
				  after receipt of notice indicating that the individual will preside, or
				  promptly upon discovering facts establishing grounds for
				  disqualification.
C. The individual
				  whose disqualification is requested shall determine whether to grant the
				  petition, stating facts and reasons for the determination.
D. If a hearing examiner becomes unavailable,
				  for any reason, before rendering his or her proposed decision, a substitute
				  shall be appointed by the chief hearing examiner. The substitute shall use any
				  existing record and may conduct such further proceedings as are necessary to
				  fairly conclude the hearing and to render a proposed decision.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.11 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office
				  of Hearings shall serve, or cause to be served, reasonable written notice of
				  the hearing on the parties and to all persons who have filed written petitions
				  to intervene in the matter.
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 and documents at the hearing;
(3) A statement of the right to request
				  subpoenas for witnesses and documents as provided by law; and
(4) A statement that a copy of the hearing
				  procedures may be obtained at the Office of Hearings.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.12 - Venue

Current through Register Vol. 51, No. 14, July 12, 2024
Hearings shall be conducted at the offices of the
					 Department unless:
A. Applicable law
				  requires the hearing to be conducted elsewhere; or
B. The hearing examiner determines that for
				  convenience or the interests of justice the hearing shall be conducted at some
				  other reasonable location.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.13 - Failure to Attend Proceeding; Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. If after receiving proper notice a party
				  fails to timely request a hearing, or to attend or participate in a prehearing
				  conference, hearing, or other stage of an adjudicative proceeding, either the
				  hearing examiner or final decision maker, whichever person is appropriate, may
				  proceed in that party's absence, may rely on affidavits, or may conduct
				  hearings as appropriate. Upon a prima facie showing by the moving party, the
				  final decision maker may issue a final default order against the defaulting
				  party. Following issuance of the final default order, copies shall be mailed by
				  the Office of Hearings to the defaulting party at the party's address where the
				  complaint or other document giving rise to the case was served, or at the
				  party's last known address which shall be stated in the request for a default
				  order, or at both addresses if they differ. The mailing shall include notice of
				  the party's rights under §B, but proof of actual service of the final default
				  order may not be required.
B.
				  Within 15 days after mailing of a final default order, the party may file a
				  written motion requesting that the final default order be vacated or modified,
				  and stating the grounds relied upon.
C. If the hearing examiner or final decision
				  maker finds that there is a substantial and sufficient basis for an actual
				  controversy as to the merits of the action and that it is equitable to excuse
				  the default, the hearing examiner or final decision maker may vacate the final
				  default order or issue such other order as justice requires. If the motion is
				  not granted within 15 calendar days it shall be deemed denied.
D. Notwithstanding the other provisions in
				  this regulation, the final decision maker may issue a final default order
				  against a party if that party waived the opportunity to request the
				  hearing.
E. A final default order
				  is a final decision and is reviewable as such.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.14 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the
				  Department is required to make service of a complaint, other charging document,
				  or other document giving rise to the right to a hearing, service may be made by
				  personal delivery or by mailing to the person to be served a copy of the
				  complaint or other document by certified mail requesting: "restricted
				  delivery-show to whom, date, address of delivery". Service by certified mail
				  under this regulation is complete upon delivery. Service outside the State may
				  also be made in the manner prescribed by the foreign jurisdiction if reasonably
				  calculated to give actual notice.
B. When the Department is required to make
				  service of any other type of document, service may be made in any manner
				  provided by the Maryland Rules of Civil Procedure for the service of pleadings
				  and papers other than original pleadings.
C. Service upon a party to whom a permit or
				  license or certificate has been issued by the Department may be made by
				  delivering, in the manner provided above, a copy to the party's last known
				  address in the Department's records.
D. In addition, service may be made by any
				  other method allowed by law.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.15 - 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;
D. The date the copy
				  was sent; and
E. Manner of
				  service.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.16 - Continuances

Current through Register Vol. 51, No. 14, July 12, 2024
On request of any party or on the hearing examiner's own
					 initiative, the proceeding may be continued by the hearing examiner as justice
					 may require. Requests for postponement shall be confirmed in writing, and the
					 written request shall set forth the reason for the request and shall 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,
					 unless the parties agree to schedule beyond the 45-day period. Whenever
					 feasible, a postponed hearing will be rescheduled within the 45-day
					 period.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.17 - Time Periods

Current through Register Vol. 51, No. 14, July 12, 2024
For good cause the hearing examiner may shorten or extend
					 or waive any time periods provided in this chapter for matters before the
					 hearing examiner. For time periods concerning the exceptions or reconsideration
					 processes, the final decision maker shall make this
					 determination.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.18 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests.
				  Requests for issuance shall specify the name, address, zip code and county, for
				  purpose of service, of the person to be subpoenaed, and the address and
				  telephone number of the requester. Any requests for issuance of subpoenas shall
				  be received in the Office of Hearings not later than 5 working days before the
				  scheduled hearing date, unless good cause is shown why the request could not
				  have been made earlier. If a subpoena requests the production of tangibles,
				  books, papers, or other documents, they shall be described with particularity.
				  For subpoenas filed 10 calendar days or less before the scheduled hearing date,
				  service shall be provided by the requester.
B. Issuance of Subpoenas. The Office of
				  Hearings may, on request of any party or upon the hearing examiner's own
				  motion, issue subpoenas requiring the attendance and testimony of witnesses and
				  the production of any evidence, including relevant books, records,
				  correspondence, or documents in the possession or under the control of the
				  witness, at the hearing. Requests for subpoenas may be made ex parte. A
				  subpoena shall show on its face the name and telephone number of the party at
				  whose request it was issued.
C.
				  Service of Subpoenas. Subpoenas for persons may be served by either
				  hand-delivering a copy to the individual named, or by registered or certified
				  mail addressed to the individual at the individual's last known dwelling place
				  or principal place of business. Proof of service may be shown by a verified
				  return by the individual serving the subpoena setting forth the manner of
				  service, or, in the case of service by registered or certified mail, by the
				  returned United States Postal Service receipt.
D. Costs. The costs of serving subpoenas may
				  be charged to the requester.
E.
				  Objections to Subpoenas. A person may object to a subpoena by filing a motion
				  to quash or for other relief before the hearing examiner. The motion shall be
				  filed promptly after service of the subpoena before the time specified in the
				  subpoena for compliance.
F.
				  Enforcement of Subpoenas. Upon failure of any person to comply with a subpoena,
				  the person or agency requesting the subpoena may apply to the appropriate
				  circuit court for its enforcement.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.19 - Appointment of Interpreter

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a
				  party or witness cannot readily hear, speak, or understand the spoken English
				  language, the hearing examiner may appoint a qualified interpreter to provide
				  assistance during a hearing.
B.
				  Cost of an interpreter may be charged to the party on whose behalf the
				  interpreter is obtained.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.20 - Appearance of Parties at Hearings; Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party to a proceeding may be
				  represented by an attorney authorized to practice law in Maryland, or, unless
				  prohibited by law, appear in person or through another legally authorized
				  representative.
B. An attorney
				  shall enter his or her appearance with the Office of Hearings. In an
				  enforcement action initiated by the Department, the signing attorney has
				  entered his appearance.
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 by
				  first class mail, postage prepaid at the attorney's address, and the
				  presumptions regarding notices to parties will apply.
D. When any party is represented by an
				  attorney, all submissions of evidence, examination and cross-examination of
				  witnesses, and all objections and motions on the parties behalf shall be made
				  solely by that attorney.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.21 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Discovery may be
				  taken only in accordance with the stipulation of the parties. If such a
				  stipulation is entered, then the hearing examiner may issue such orders as are
				  necessary to implement discovery.
B. Parties may request governmental documents
				  under the Maryland Public Information Act, State Government Article, §§
										10-611 et seq.,
				  Annotated Code of Maryland
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.22 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  hearing examiner may hold a prehearing conference to enable the parties to
				  discuss settlement, enter into stipulations, narrow the issues to be litigated,
				  and to resolve other matters preliminary to the hearing.
B. A scheduled hearing will not ordinarily be
				  postponed to allow the parties to have a prehearing conference.
C. Upon request of a party, the hearing
				  examiner may order that each party make available to the other parties the
				  names and written reports of experts and other witnesses the party expects to
				  call.
D. Unless permitted by the
				  hearing examiner, persons other than parties may not attend the prehearing
				  conferences.
E. At the prehearing
				  conference the following matters may be addressed:
(1) Stipulations and admissions of facts, the
				  genuineness of documents, and other matters upon which there is no
				  dispute;
(2) Matters of which
				  official notice may be taken;
(3)
				  When possible, determinations regarding the admissibility of any written
				  documents, papers, exhibits, testimony, or materials proposed to be introduced
				  at the hearing by each party;
(4) A
				  proposed schedule of order for the following:
(a) Submission of written briefs,
(b) Order of presentation, and
(c) Presentation of oral arguments;
(5) Settlement
				  possibilities;
(6) Determinations
				  regarding the identity and limitations of the number of witnesses;
				  and
(7) Rulings regarding issuance
				  of subpoenas, discovery orders, and protective orders.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.23 - Stipulations and Affidavits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Stipulations. The parties may, by stipulation, agree upon any of the facts. A
				  stipulation, when placed in the record, may be regarded and used as evidence at
				  the hearing. The hearing examiner may require additional evidence.
B. Affidavits. An affidavit may be admitted
				  in the discretion of the hearing examiner, for good cause shown, as evidence in
				  place of testimony, if the matters contained in it are otherwise
				  admissible.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.24 - Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon timely
				  motion under §C, of this regulation, a person shall be permitted to intervene
				  in an action when the person:
(1) Has an
				  unconditional right to intervene as a matter of law; or
(2) Claims an interest relating to the
				  property or transaction that is the subject of the action, and the person is so
				  situated that the disposition of the action may as a practical matter impair or
				  impede the ability to protect that interest unless it is adequately represented
				  by existing parties.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.25 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. On a genuine
				  issue in a contested case, except as restricted by a statutorily limited grant
				  of intervention or by the prehearing order, each party is entitled to:
(1) Call witnesses;
(2) Offer evidence and rebuttal
				  evidence;
(3) Cross-examine any
				  witness called by another party; and
(4) Present summation and argument.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.26 - 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 Office of Hearings 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 hearing room
				  at the discretion of the hearing examiner.
C. The hearing examiner may cause the removal
				  of any person whose conduct impedes the orderly progress of the hearing, or may
				  recess the hearing until such time as it may proceed in an orderly
				  fashion.
D. The hearing examiner
				  may exclude from the hearing persons who have not given the hearing examiner
				  advance notice of an intention to attend, if the size of the hearing room is
				  too small to accommodate the presence of that person.
E. A hearing is open to public observation,
				  except for the parts that the hearing examiner states are to be closed under 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 or view the recordings, except for
				  such portions of the hearing as are closed under this section.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.27 - Order of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The case
				  shall be called to order by the hearing examiner.
B. The hearing examiner may explain briefly
				  the purpose and nature of the hearing and may allow counsel or any interested
				  party to be heard for any prehearing objections, exceptions, or
				  motions.
C. Any prehearing motion
				  shall be heard and decided by the hearing examiner.
D. The party bearing the burden of going
				  forward shall be the first to offer its case in chief.
E. The hearing examiner may alter the order
				  of presentation of evidence and witnesses.
F. The parties may make opening and closing
				  statements.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.28 - Burdens 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 contesting 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 is to
				  be issued;
(2) A party contesting
				  the Department's intent 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
				  is to be denied;
(3) In a
				  proceeding by the Department 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 is to be revoked or suspended;
				  and
(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 the existence of the grounds for
				  imposition of a civil penalty or issuance of an order and the burden of
				  persuasion that the civil penalty is to be imposed or order issued.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.29 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. The rules of
				  evidence shall be those which are provided for State Government Article, §
										10-208, Annotated
				  Code of Maryland. The hearing examiner may admit probative evidence that
				  reasonable and prudent individuals commonly accept in the conduct of their
				  affairs and give probative effect to that evidence. The hearing examiner may
				  exclude evidence that is incompetent, irrelevant, immaterial, or unduly
				  repetitious. The hearing examiner shall apply a privilege that law recognizes.
				  Evidence, oral or documentary, is not to be excluded solely on the ground that
				  it constitutes hearsay.
B. Expert
				  testimony may be accepted by the hearing examiner if, in the hearing examiner's
				  opinion, the testimony as proffered would aid in an understanding of the
				  case.
C. On motion of any party
				  made before testimony begins, the hearing examiner shall order that witnesses
				  other than parties be excluded from the hearing room except when testifying,
				  and the hearing examiner may do so on his or her own initiative or on motion of
				  any party made after testimony begins. A party that is not a natural person may
				  designate a representative to remain in the hearing room, even though the
				  representative may be a witness. An expert witness who is to render an opinion
				  based on testimony given at the hearing shall be permitted to remain during
				  that testimony.
D. The hearing
				  examiner may order the witness, parties, attorneys, and all other persons
				  present in the hearing room not to disclose to any witness excluded under this
				  regulation the nature, substance, or purpose of testimony, exhibits, or other
				  evidence introduced during the witness' absence.
E. Direct testimony may be received in
				  written form when this will expedite the hearing without substantial prejudice
				  to the interests of any party.
F.
				  Official Notice.
(1) The hearing examiner or
				  final decision maker may take official notice of a fact that is:
(a) Judicially noticeable; or
(b) General, technical, or scientific and
				  within the specialized knowledge of the hearing examiner or final decision
				  maker.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.30 - Pleadings, Motions, and Briefs

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A party shall serve on all other parties a copy of all pleadings and papers
				  filed in the case.
B. Motions
				  Generally.
(1) Any party may make a motion
				  seeking appropriate relief before or during the hearing. If made:
(a) Before a hearing, the motion shall:
(i) Be in writing;
(ii) State concisely the question to be
				  determined;
(iii) Be filed not
				  later than 5 days before the date of the hearing; and
(iv) Be accompanied by a memorandum of points
				  and authorities;
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.31 - Decision of the Hearing Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing examiner need not prepare or
				  submit a decision or a proposed decision if the contested case has been
				  withdrawn, or disposed of by stipulation, settlement, consent order, or
				  default.
B. The hearing examiner
				  shall decide a case on the basis of the evidence and according to the
				  applicable burden of persuasion. The hearing examiner may use his or her
				  experience, technical competence, and specialized knowledge in the evaluation
				  of evidence.
C. A decision or
				  proposed decision shall be prepared in writing by the hearing examiner and
				  shall contain findings of fact and conclusions of law, separately stated, and
				  an order if appropriate. If the findings of fact are set forth in language that
				  is no more than mere repetition or paraphrase of the relevant provision of law,
				  the decision or proposed decision shall be accompanied by a concise and
				  explicit statement of the underlying facts of record to support the findings.
				  If the hearing examiner required the submission of proposed findings of fact,
				  the decision or proposed decision shall include a ruling on each proposed
				  finding.
D. If the hearing examiner
				  is not the final decision maker, the hearing examiner shall submit the proposed
				  decision to the final decision maker with a copy to each party. Exceptions to
				  the proposed decision may be filed under Regulation .35, of this chapter, and
				  the hearing examiner shall provide written notice to the parties, or to their
				  representatives of record, that any party, including the Department, if
				  adversely affected, may file exceptions to that proposed decision, and may, by
				  specific mention, request an opportunity to give oral argument before the
				  Secretary.
E. If the hearing
				  examiner is the final decision maker, the decision of the hearing examiner is
				  the final decision of the Department subject only to reconsideration under
				  Regulation .38 of this chapter. A copy of the final decision shall be sent to
				  each party.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.32 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Generally Prohibited.
(1) Except as provided
				  in §A(2), of this regulation, an individual who is not authorized to
				  participate in the decision-making process of a contested case may not
				  communicate ex parte with an individual who is involved in the process with
				  regard to any issue of law or fact in the contested case.
(2) An individual who is involved in the
				  decision-making process may communicate with members of an advisory staff of
				  the Department, with other employees of the Office of Hearings, or with any
				  counsel for the Department who otherwise does not participate in the contested
				  case.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.33 - Transcripts; Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. A record of
				  the proceeding by tape recording or stenographic notes or symbols shall be made
				  at the expense of the Office of Hearings. This record need not be transcribed
				  unless requested by a party, by the hearing examiner, or by the
				  Secretary.
B. Any party which
				  desires a copy of the transcript may request one. A party may request the
				  Department to share in the cost of transcription or to waive transcription. For
				  good cause shown, the Office of Hearings may pay or advance all or part of the
				  cost.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.34 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The final
				  decision maker is not bound by the hearing examiner's proposed decision even in
				  those cases when exceptions are not filed.
B. If exceptions have not been filed and,
				  after reviewing a proposed decision by a hearing examiner, the final decision
				  maker concludes that he or she is unable to approve that decision as written,
				  the final decision maker shall notify all parties and invite argument from the
				  affected parties on the issues the final decision maker is
				  reconsidering.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.35 - Exceptions; Requests for Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
A. In any case in which the hearing examiner
				  is not the final decision maker, the decision may not be made final until a
				  proposed decision has been served on the parties and an opportunity has been
				  afforded to any party adversely affected, including the Department, to file
				  exceptions and present written argument to the final decision maker.
B. Failure to file exceptions constitutes a
				  failure to exhaust administrative remedies and bars future appeal rights,
				  unless the final decision differs significantly from the proposed
				  decision.
C. Exceptions shall be
				  filed with the Office of Hearings within 21 days after the hearing examiner's
				  proposed decision is received. Receipt is presumed to occur 3 days after
				  mailing.
D. Exceptions shall be in
				  writing and contain a concise statement as to each portion of the hearing
				  examiner's determination to which exception is taken and the asserted basis for
				  taking the exception.
E. A copy of
				  the exceptions shall be served on all parties to the proceedings. All parties
				  shall be afforded the opportunity to present written argument to the final
				  decision maker.
F. The final
				  decision maker may hear oral argument and, if it is requested, shall hear oral
				  argument. The time for argument may be limited at the discretion of the final
				  decision maker.
G. The final
				  decision maker shall consider the exceptions filed before rendering the final
				  Department decision.
H. A party
				  which intends to refer to any evidence produced at the hearing before the
				  hearing examiner shall notify the final decision maker of the specific evidence
				  in its request for exceptions. That party is responsible for filing with the
				  final decision maker a copy of the transcript of the hearing, or relevant
				  portions of it, at least 5 days before the scheduled exception hearing, if such
				  a hearing is to be held.
I. If all
				  parties are in agreement, a stipulation of facts may be submitted instead of a
				  transcript.
J. Additional evidence
				  may not be introduced, nor may testimony of witnesses be heard by the final
				  decision maker. All exceptions hearings or reviews shall be conducted on the
				  basis of the record compiled before the hearing examiner.
K. The final decision maker shall issue the
				  final decision including an order if appropriate as soon as practical after the
				  conclusion of the exceptions hearing. Copies of the final decision shall be
				  delivered or mailed promptly to all parties or to their attorneys.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.36 - Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
When proceedings involving a common question of law or fact
					 are pending before the hearing examiner or before the final decision maker, the
					 proceedings may be consolidated. If the proceedings consolidated involve
					 different parties or burdens of going forward or persuasion, procedures may be
					 imposed which will assure an expeditious and just proceeding.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.37 - Stays

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  prohibited by law, a party which is adversely affected by a final order may
				  request a stay of the order from the final decision maker pending rehearing or
				  judicial review.
B. A request for a
				  stay shall be filed with the final decision maker 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 application for
				  rehearing or judicial appeal.
E.
				  The final decision maker may grant a stay upon such conditions, including
				  security or bond, as the final decision maker determines to be
				  proper.
F. A request for stay may
				  not operate as a stay, or extend the time for appeal.
G. The final decision maker may hold a
				  hearing on a request for a stay, or rule upon the request without a
				  hearing.
H. Unless granted within
				  10 calendar days, requests for stays will be deemed denied.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.38 - Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requests for
				  Reconsideration.
(1) Within 14 days from the
				  date the final decision maker serves a decision on a party, a party, including
				  the Department, may request reconsideration of the decision.
(2) The application shall state the grounds
				  for reconsideration.
(3) The final
				  decision maker shall grant or deny the request within 10 calendar days of its
				  submission or the request shall be deemed denied.
(4) In the discretion of the final decision
				  maker, enforcement of an order may be stayed until disposition of a request for
				  reconsideration.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.02 - Procedures for Contested Case Hearings before the Secretary of the Environment › Section 26.01.02.39 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each party is
				  required to exhaust its administrative remedies as a precondition to appealing
				  any issue in a final decision. This exhaustion requirement includes the
				  exceptions process under Regulation .35, which is available when the hearing
				  examiner is not the final decision maker.
B. Within 10 days of filing an appeal, the
				  appealing party shall file with the Office of Hearings a request to transmit
				  the record to the appropriate court.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following words have the meanings indicated.
B. Terms Defined.
(1) "Department" means the Department of the
				  Environment.
(2) "Petition" means a
				  petition to promulgate, amend, or repeal a regulation.
(3) "Regulation" is defined in State
				  Government Article, §
											10-101(e),
				  Annotated Code of Maryland.
(4)
				  "Secretary" means the Secretary of the Environment.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.02 - Scope of this Chapter

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all petitions submitted to the
					 Department to promulgate, amend, or repeal a regulation over which the
					 Secretary has rulemaking authority.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.03 - Who May File

Current through Register Vol. 51, No. 14, July 12, 2024
Any interested person may file a petition requesting the
					 promulgation, amendment, or repeal of any regulation over which the Secretary
					 has rulemaking authority.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.04 - Form

Current through Register Vol. 51, No. 14, July 12, 2024
The petition may be in the form of a letter or any other
					 written form desired by the petitioner. It shall include a detailed description
					 of the new, amended, or existing regulation which the petitioner seeks to have
					 the Department promulgate, amend, or repeal. A statement of reasons and other
					 information in support of the petition shall be included in or accompany the
					 petition. The name, address, and telephone number of the petitioner shall be
					 included in the petition.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.05 - Submission

Current through Register Vol. 51, No. 14, July 12, 2024
The petition should be addressed to the Regulations
					 Coordinator, Department of the Environment, Herbert R. O'Conor Building, 201
					 West Preston Street, Baltimore, Maryland 21201. Petitions will be considered
					 submitted upon receipt in the office of the Regulations
					 Coordinator.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.06 - Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
Within 60 days after receipt of the petition, the Secretary
					 will either deny the petition (stating the reasons for denial) or initiate
					 rulemaking proceedings.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.07 - Reasons for Denial of a Petition

Current through Register Vol. 51, No. 14, July 12, 2024
The Secretary may deny a petition to promulgate, amend, or
					 repeal a regulation, for any reason permitted by law, including, but not
					 limited to:
A. That the Secretary does
				  not have the authority to grant the petition;
B. That the Department does not have adequate
				  information or resources to evaluate the petition;
C. That the Department does not have adequate
				  resources to implement the requested regulation if it is adopted;
D. That the Secretary previously adopted a
				  regulation dealing with the same subject matter as that of the petition and
				  rejected the position taken by petitioner at that time, or the petitioner
				  unreasonably failed to make his position known at that time; or
E. That, in the discretion of the Secretary,
				  the requested regulation change is contrary to or inconsistent with
				  Departmental policy.
Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 1 - SUBTITLES 01-07 › Subtitle 01 - GENERAL PROVISIONS › Chapter 26.01.03 - Petitions for Adoption, Amendment, or Repeal of Regulations › Section 26.01.03.08 - Rulemaking Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Rulemaking proceedings may include any type of action which the Secretary is
				  authorized or required by law to take when promulgating, amending, or repealing
				  regulations, including:
(1) Conducting studies
				  (either before or after proposal of the regulation in the Maryland Register) to
				  gather information in support of the regulation;
(2) Advance notice of proposed rulemaking if
				  the Secretary determines that additional information or public comment is
				  necessary or desirable before a proposed regulation can be
				  formulated;
(3) Referral (either
				  before or after proposal of the regulation in the Maryland Register) to
				  advisory councils or other official or quasi-official agencies or groups
				  responsible for reviewing the regulation;
(4) Proposal of the regulation in the
				  Maryland Register;
(5) Reproposal
				  of the regulation proposed in the Maryland Register if the Secretary determines
				  that, before final adoption, the proposed regulation must be altered so that it
				  is substantially different from its original text;
(6) Modification of the regulation change
				  requested by the petitioner, either in form or in substance, and either before
				  or after proposal in the Maryland Register, to better reflect the Secretary's
				  responsibilities than reflected by the petitioner's request.