Code of Maryland Regulations › Title 09 - MARYLAND DEPARTMENT OF LABOR › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 09.01.02 - Hearing Regulations › Section 09.01.02.02 - 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) "ALJ" means an Administrative Law Judge
				appointed under State Government Article, §
										9-1604, Annotated
				Code of Maryland.
(2)
				"Administrative Procedure Act" means State Government Article, §§
										10-201 -10-217,
				Annotated Code of Maryland.
(3)
				"Administrative unit" means a board, commission, hearing panel, committee,
				division, or a unit within the Department which is authorized by law or
				regulation to hear and determine contested cases.
(4) "Applicant" means a person seeking a new
				or renewal license, certificate, registration, or permit from an administrative
				unit.
(5) "Charging document" means
				a document issued by an administrative unit which sets forth:
(a) One or more violations alleged to have
				been committed by a respondent; or
(b) A denial or an intent to deny a license,
				certificate, registration, or permit.
(6) "Claim" means a claim against a guaranty
				fund.
(7) "Claimant" means an
				individual who has filed a claim against a guaranty fund.
(8) "Complaint" means a written allegation
				that:
(a) A licensee, registrant, certificate
				holder, or permit holder has committed an act which is prohibited by the
				appropriate statute or regulation and for which an administrative unit may take
				disciplinary action; or
(b) A
				person has practiced a regulated profession or occupation, or engaged in a
				business, without the required license, certificate, registration, or
				permit.
(9) "Contested
				case" has the meaning stated in State Government Article, §
										10-202, Annotated
				Code of Maryland.
(10) "Counsel"
				means the attorney assigned by the Office of the Attorney General to provide a
				particular administrative unit with legal advice.
(11) "Department" means the Department of
				Labor, Licensing, and Regulation.
(12) "Final order" means the final decision
				of an administrative unit which contains findings of fact, conclusions of law,
				and a disposition which:
(a) Grants or denies
				a license, certificate, registration, or permit;
(b) Sanctions by reprimand, fine, suspension,
				or revocation;
(c) Makes a monetary
				award to a party from a guaranty fund or any other source, or denies an award;
				or
(d) Dismisses disciplinary
				charges.
(13) "Guaranty
				fund" has the meaning stated in Business Occupations and Professions Article,
				Title 17, Subtitle 4, Annotated Code of Maryland, and Business Regulation
				Article, Title 8, Subtitle 4, Annotated Code of Maryland, as
				applicable.
(14) "Office of
				Administrative Hearings" has the meaning stated in State Government Article,
				§
										9-1602, Annotated
				Code of Maryland.
(15) "Party"
				means a respondent, a claimant, an applicant, or an administrative unit, or all
				or some of them, as applicable.
(16) "Person" has the meaning stated in
				Business Regulation Article, §
										1-101(g),
				Annotated Code of Maryland.
(17)
				"Presenter of evidence" means the attorney assigned by the Office of the
				Attorney General to:
(a) Present charges and
				evidence against a respondent or applicant; or
(b) Represent the interests of a guaranty
				fund.
(18) "Presiding
				officer" means the chairman of an administrative unit, or in the absence of a
				chairman, a member of the administrative unit designated by the applicable
				enabling statute or by the administrative unit itself to preside over the
				hearing of a contested case.
(19)
				"Proposed decision" has the meaning stated in COMAR 28.02.01.02.
(20) "Proposed order" means the order issued
				by an administrative unit, after a hearing conducted by an ALJ which:
(a) Grants or denies a license, certificate,
				registration, or permit;
(b)
				Sanctions by reprimand, fine, suspension, or revocation;
(c) Makes or denies a monetary award to a
				party from a guaranty fund or any other source; or
(d) Dismisses the charges.
(21) "Respondent" means a person
				who has been called upon to answer charges made under disciplinary provisions
				or against whom a guaranty fund claim has been filed.