reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.18 - Alternative Dispute Resolution

Current through Register Vol. 51, No. 14, July 12, 2024
A. For purposes of this regulation, "alternative dispute resolution" means the process of resolving issues through a settlement conference, neutral case evaluation, neutral fact finding, mediation, other non-adjudicative method, or combination of those methods.
B. If all parties agree, and unless otherwise prohibited by law, an alternative dispute resolution proceeding may be scheduled by the Office.
C. An individual who presides at an alternative dispute resolution proceeding shall not preside over or take part in the prehearing conference, hearing on the merits, or other stage of the proceedings in that matter or any other matter arising from the same facts.
D. Confidentiality of Alternative Dispute Resolution Proceedings.
(1) Alternative dispute resolution proceedings are confidential and are closed to the public.
(2) Discussions in an alternative dispute resolution proceeding may not be made a part of the case record in any subsequent proceeding.
(3) Alternative dispute resolution proceedings, in whole or in part, may not be recorded electronically, captured through a screen shot, or preserved in any other manner.
(4) Parties participating in a remote alternative dispute resolution proceeding shall consent to an Agreement to Mediate Remotely, allow the mediator to sign the Agreement to Mediate Remotely on their behalf, and agree to participate from a private space that ensures the confidentiality of the alternative dispute resolution proceeding.
(5) An ALJ or other individual who conducts an alternative dispute resolution proceeding may not be called to testify, participate in discovery, or otherwise provide information in a subsequent proceeding related to the alternative dispute resolution proceeding or any other matter arising from the same facts as that proceeding.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.19 - Proceedings Open to the Public; Recording Devices

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless prohibited by law, all proceedings before the Office are open to the public.
B. Unless otherwise provided by law, documents, notices, and records in the possession of the Office as a result of a contested case proceeding may be inspected and copied as provided in General Provisions Article, §
									4-101 et seq., Annotated Code of Maryland, and in COMAR 28.01.04.
C. The ALJ may:
(1) Remove individuals whose conduct impedes the orderly progress of the remote or in-person hearing; and
(2) Restrict attendance because of physical or technical limitations of the remote or in-person hearing room.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.20 - Conduct of Hearings; Remote Proceedings, Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A. In General.
(1) On a genuine issue in a contested case, each party is entitled to call witnesses, offer evidence, cross-examine any witness who testifies, and make opening and closing statements.
(2) A hearing shall be called to order by the ALJ. The ALJ shall explain briefly the purpose of the hearing and state the order of presentation of the evidence. The ALJ may allow the parties to present preliminary matters.
(3) Witnesses shall be sworn or put under affirmation to tell the truth.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.21 - Evidence; Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evidence shall be admitted in accordance with State Government Article, §
									10-213, Annotated Code of Maryland, and other pertinent law.
B. The ALJ may admit evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and give probative effect to that evidence.
C. Evidence may not be excluded solely on the basis that it is hearsay.
D. Expert Testimony. Expert testimony may be admitted, in the form of an opinion or otherwise, if the ALJ determines that the testimony -will assist the ALJ to understand the evidence or to determine a fact in issue.
(1) In making that determination, the ALJ shall determine whether:
(a) The individual's knowledge, skill, experience, training, or education is sufficient to qualify them as an expert;
(b) Expert testimony on the particular subject is appropriate; and
(c) There is a sufficient factual basis to support the testimony.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.22 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall prepare an official case record of each hearing.
B. The record shall include:
(1) All pleadings, motions, responses, correspondence, memoranda, including proposed findings of fact and conclusions of law, and requests filed by the parties;
(2) All hearing notices;
(3) All documentary and other tangible evidence received or considered;
(4) A statement of each fact officially noticed;
(5) All stipulations;
(6) All offers of proof and objections;
(7) All rulings, orders, and decisions, proposed or final;
(8) Matters placed on the record in connection with ex parte communication;
(9) The recording of the hearing, and any prehearing proceeding, and any transcript of the recording prepared by a court reporting service; and
(10) Any other item required by law.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.23 - Failure to Attend or Participate in a Hearing, Conference, or Other Proceeding; Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference, hearing, or other stage of a proceeding, the ALJ may proceed in that party's absence or may, in accordance with the hearing authority delegated by the agency, issue a final or proposed default order against the defaulting party.
B. If after receiving proper notice as provided in Regulation .05C of this chapter, a party fails to attend or participate, either personally or through a representative, in a prehearing conference hearing, or other stage of proceeding, the ALJ may issue a default order against the party that bears the burden of proof.
C. Final Default Orders.
(1) Unless otherwise provided by law, a party may move to vacate a final order of default within 30 days after the date of the order. The motion shall state the reasons for the failure to attend or participate in the proceeding.
(2) If an ALJ finds that there is good cause for a party's failure to attend or participate in the proceeding, the ALJ shall vacate the order and set the case in for further proceedings as appropriate.
(3) If a motion is not filed under §B(1) of this regulation, or is filed and denied, the final default order is effective.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.24 - Dismissal for Lack of Prosecution

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise required by law, a case pending before the Office may not be placed on inactive status.
B. At the expiration of 6 months from the last docket entry, and on the request of a party or on an ALJ's own initiative, a case is subject to dismissal for lack of prosecution.
C. If dismissal is initiated, the Office shall send notice to all parties that a final or proposed dismissal for lack of prosecution will be entered after the expiration of 30 days from the date of the notice unless a motion is filed under §D of this regulation.
D. On motion filed within 30 days after the date of the notice under §C of this regulation, and for good cause shown, an ALJ may defer issuance of a final or proposed order of dismissal for the period and on the terms the ALJ considers proper.
E. Issuance of Order.
(1) If a timely motion is not filed under §D of this regulation, or if a motion is filed and denied, the ALJ shall issue an order or proposed order of dismissal within 30 days after the time for filing the motion has expired.
(2) If a motion is filed and good cause is shown for deferral of the dismissal, the ALJ shall issue an order deferring dismissal and specifying the period and the terms of the deferral.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.25 - Final or Proposed Decisions; Other Dispositions

Current through Register Vol. 51, No. 14, July 12, 2024
A. An ALJ shall issue a final decision or proposed decision in accordance with the pertinent law and any relevant delegation.
B. Unless otherwise provided by law, an ALJ may dispose of a contested case by:
(1) Decision on the merits;
(2) Stipulation;
(3) Settlement;
(4) Consent order;
(5) Default;
(6) Withdrawal;
(7) Summary disposition; or
(8) Dismissal.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.26 - Cases Remanded to the Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. A case remanded to the Office by a court or agency for further proceedings is considered filed with the Office when both the court's or agency's order and the record are received by the Office.
B. Unless the remand order specifies otherwise, the Office shall promptly schedule further proceedings as necessary and issue a decision in accordance with State Government Article, §
									10-205(e), Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.27 - Revision

Current through Register Vol. 51, No. 14, July 12, 2024
A. Final Decisions.
(1) A final decision may be revised only by the ALJ who rendered the decision.
(2) Except as set forth in §A(3) of this regulation:
(a) On a motion filed by a party, the ALJ may exercise revisory power and control over a final decision in the event of fraud, mistake, or irregularity; and
(b) Clerical mistakes in final decisions, orders, or other parts of the record may be corrected by the ALJ on the ALJ's own initiative, or on a motion filed by a party.
(3) Judicial Review.
(a) The ALJ may revise a final decision under §A(2) of this regulation:
(i) At any time before the decision is docketed for judicial review; or
(ii) After a decision is docketed for judicial review, only with leave of the circuit or appellate court before which the action is pending.
(b) A request for revision does not automatically stay the action or toll the time for filing a request for judicial review.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. These regulations outline procedures for the payment of fees for certain hearings conducted by the Office.
B. These regulations do not apply to:
(1) State government offices, agencies, or other units of State government;
(2) County or municipal governments;
(3) Individual parties in hearings conducted under State Personnel and Pensions Article, Annotated Code of Maryland, or
(4) Individual parties in hearings regarding claims for assistance or reimbursement of assistance involving:
(a) Developmental disabilities pursuant to Health-General Article, Title 7, Annotated Code of Maryland;
(b) Mental health pursuant to Health-General Article, Title 10, Subtitle 7, Annotated Code of Maryland;
(c) Assistance programs pursuant to Health-General Article, Title 15, Annotated Code of Maryland;
(d) Special Supplemental Food Program for Women, Infants, and Children pursuant to Health-General Article, § 18-108, Annotated Code of Maryland;
(e) Public assistance pursuant to Human Services Article, Title 5, Annotated Code of Maryland;
(f) Community services pursuant to Human Services Article, Title 6, Annotated Code of Maryland; or
(g) A request for order of eligibility or a petition for supplemental compensation pursuant to State Finance and Procurement Article, §
											10-501, Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.02 - 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) "Agency action" means the action, proposed action, or inaction of any unit of government that gives rise to:
(a) A contested case hearing conducted by the Office under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; or
(b) Any other Office proceeding.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.03 - Payment of Filing Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulations .01B and .06 of this chapter, a request for a hearing shall be accompanied by payment of:
(1) A $150 filing fee for a hearing related to violation of the Maryland Vehicle Law; or
(2) A $50 filing fee for other types of hearings for which a filing fee is required.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.04 - Payment of Subpoena Processing Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in Regulations .01B and .06 of this chapter, party valid only when requests for subpoenas shall be accompanied by payment of a $5 processing fee for each subpoena requested.
B. Payment of Subpoena Fee.
(1) Payment of the subpoena fee may be by:
(a) Certified check;
(b) Cashier's check;
(c) Money order; or
(d) Personal check.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.05 - Assessment of Penalties for Insufficient Checks

Current through Register Vol. 51, No. 14, July 12, 2024
A. A personal check that is returned for insufficient funds shall be turned over to the Central Collection Unit of the Department of Budget and Fiscal Planning for collection.
B. An additional fee of $25 shall be assessed on all checks returned for insufficient funds.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.06 - Waiver of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Eligibility Criteria. The Office shall waive filing and subpoena processing fees for a person that, when the request is filed:
(1) Is exempt from filing and subpoena processing fees under Regulation .01B of this chapter;
(2) Is represented by counsel retained through any legal services program which receives State funding or funding through the Maryland Legal Services Corporation; or
(3) Applies for and is granted a waiver based on indigence under §B of this regulation.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.07 - Failure to Pay Required Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless a waiver is granted under Regulation .06 of this chapter, failure to pay a required filing fee may result in the dismissal of a person's request for a hearing.
B. Unless a waiver is granted under Regulation .06 of this chapter, failure to pay a required subpoena processing fee may result in a subpoena not being issued.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 03 - FEES › Chapter 28.03.01 - Fee Assessment and Payment; Waivers › Section 28.03.01.08 - Refunds of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Refunds.
(1) Except as provided in §A(2) of this regulation, the Office shall refund a filing or subpoena processing fee if the person that paid the fee receives a favorable decision.
(2) The Office shall not refund:
(a) Fees that were waived under Regulation .06 of this chapter; or
(b) Processing fees for subpoenas that were issued.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out the procedures for the supervision of a health occupation board or commission that is composed, in whole or in part, of individuals participating in the occupation or profession regulated by the board or commission. The supervision outlined in these procedures is intended to prevent unreasonable anticompetitive actions by the boards or commissions and to determine whether the actions of the boards or commissions further a clearly articulated State policy to displace competition in the regulated market.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.02 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This chapter applies to any referrals made by a health occupations board or health occupations commission in accordance with Health Occupations Article, §l-203(c), Annotated Code of Maryland.
B. This chapter shall be construed to ensure the fair and expeditious review of each referral.
C. The review conducted pursuant to this chapter is not subject to the contested case hearing provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.03 - 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) 'Administrative law judge " means an individual:
(a) Appointed by the Chief Administrative Law Judge under State Government Article, §
											9-1604, Annotated Code of Maryland; or
(b) Designated by the Chief Administrative Law Judge under State Government Article, §
											9-1607, Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.04 - Referral of Decision or Action for Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A board or commission shall refer a decision or action to the Office as required by Health Occupations Article, §
									1-203, Annotated Code of Maryland, and this chapter.
B. Boards and commissions may not refer decisions or actions that consist of the following:
(1) Ministerial acts;
(2) The internal operations of a board or commission;
(3) Investigations;
(4) Disciplinary charges that have not led to proposed disciplinary action; and
(5) As it relates to an individual regulated by a board or commission:
(a) Consent orders; and
(b) Letters of surrender.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.05 - Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. A board or commission shall transmit to the Office the materials necessary for a complete and substantive review of the decision or action that is the subject of the referral.
B. The record shall include a:
(1) Summary of the rationale of the board or commission for the decision or action that is the subject of the referral;
(2) Citation to the relevant statutes or other legal authority supporting the decision or action;
(3) Summary of the facts supporting the decision or action;
(4) Statement of the basis for the referral; and
(5) Description of the clearly articulated State policy to displace competition in the regulated market relied upon by the board or commission in making the decision or taking the action.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.06 - Qualifications and Training for Administrative Law Judges

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office, with the assistance of the Antitrust Division of the Office of the Attorney General and other antitrust experts, shall provide training for all administrative law judges in accordance with Health Occupations Article, §
									1-203(c), Annotated Code of Maryland.
B. The Office may not assign an administrative law judge to conduct the review required under this chapter until the administrative law judge has completed the training.
C. An administrative law judge assigned to conduct the review required under this chapter shall possess knowledge of the provisions of
(1)
										15 U.S.C.§
											1,et seq.;
(2) Health Occupations Article, Annotated Code of Maryland;
(3) Health-General Article, Annotated Code of Maryland;
(4) This chapter; and
(5) The legal interpretations of these provisions by federal and State courts.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.07 - Management of Conflicts with Contested Case Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The review required under this chapter is independent of the Office's contested case hearing process.
B. The administrative law judge assigned to conduct the review required under this chapter, may not be:
(1) The administrative law judge who participates in a contested case hearing involving the same facts as the decision or action that is the subject of the referral; or
(2) Appointed by, under the oversight of, or a member of a board or commission whose decision or action is the subject of review.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS › Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions › Section 28.04.01.08 - Standards and Guidelines for Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A board or commission may not issue a final decision or take an action on a matter referred under this chapter until the Office has completed the review required by Health Occupations Article, §
									1-203, Annotated Code of Maryland.
B. The Office shall conduct a de novo review of the record and issue a written decision on the decision or action that is the subject of the referral within 30 days of the filing of the record or the filing of any required supplemental materials as required by an order of the administrative law judge, whichever is later.
C. The written decision shall contain:
(1) A summary of the materials considered;
(2) A summary of the facts relevant to the decision;
(3) A review of the substance of the decision or action;
(4) An analysis of whether the decision or action is unreasonably anticompetitive;
(5) An analysis of whether the decision or action furthers a clearly articulated State policy; and
(6) An order approving, modifying or disapproving the decision or action.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.01 - Hearing Regulations › Section 29.01.01.01 - Applicability of COMAR 28.02.01

Current through Register Vol. 51, No. 14, July 12, 2024
COMAR 28.02.01 applies to all proceedings before the Department of State Police in which the legal rights, duties, statutory entitlements, or privileges of specific parties are required by law or constitutional right to be determined after a Departmental hearing.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.01 - Hearing Regulations › Section 29.01.01.02 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
COMAR 28.02.01 does not apply to:
A. Personnel grievance hearings, conferences, informal investigations, or other proceedings in which hearings are not required by law; or
B. Proceedings before the Department for which specific regulations governing the hearings have been adopted.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures for filing requests with the Department of State Police for the inspection and copying of records under State Government Article, §§
									10-611 -10-630, Annotated Code of Maryland. It is the policy of the Department to facilitate public access to the records of the Department, when access is allowed by law, by minimizing costs and time delays to persons requesting information.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.02 - 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) "Act" means State Government Article, 10-611-----10-630, Annotated Code of Maryland.
(2) "Applicant" means a person requesting disclosure of public records.
(3) "Department" means the Department of State Police.
(4) "Custodian" means an authorized person employed by the Department having personal custody and control of public records of the Department.
(5) "Official custodian" means the person who is responsible for the maintenance, care, and keeping of the public records of the Department. Unless otherwise provided by law, the Department head is the official custodian of the Department's records.
(6) "Person" means and includes a person, corporation, partnership, firm, association, or government agency.
(7) Public Records.
(a) "Public records" means all paper, correspondence, forms, books, photographs, photostats, films, microfilms, sound recordings, maps, drawings, or other written documents, regardless of physical form or characteristics.
(b) "Public records" includes all copies made or received by the Department in connection with the transaction of public business and includes the salaries of all employees of the Department.
(c) "Public records" does not mean sociological data, as defined in this regulation.
(8) "Secretary" means the Secretary of State Police.
(9) "Sociological data" means any of the following information concerning a person about whom a record is maintained by the Department of State Police:
(a) Social Security number;
(b) Personal address;
(c) Personal phone number;
(d) Any information obtained by a personal history investigation;
(e) Any information obtained through a doctor's examination;
(f) Any score from a GED certificate;
(g) Any transcript or information obtained from a high school, college, or other approved educational institution; and
(h) Any information regarding marital status or dependents.
(10) "Working day" means a day other than Saturday, Sunday, or a State holiday.
(11) Written Documents.
(a) "Written documents" means all books, papers, maps, photographs, cards, tapes, recordings, computerized records, and other documentary materials, regardless of physical form or characteristics.
(b) "Written documents" does not mean sociological data, as defined in this regulation.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspections.
(1) Except as otherwise provided in this regulation, the custodian shall generally make public records available for inspection by an applicant without demanding a written request.
(2) The custodian shall require a written request if the custodian reasonably believes that the Act or any other law may prevent the disclosure of the record to the applicant or that a written request will materially assist the Department in responding to the request.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall contain the applicant's name and address, shall be signed by the applicant, and shall reasonably identify by brief description the record sought.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.06 - Filing Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall be addressed to the custodian of the record. If the custodian is unknown to the applicant, the request may be addressed to the Secretary of State Police.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.07 - Response to Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a written request for inspection, the custodian shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of the request when that period of time is needed to retrieve the information.
B. If the custodian decides to deny the written request, the custodian shall do so within 30 days of the written request and, immediately upon deciding to deny the request, notify the applicant of the denial.
C. If a requested public record is not in the custody or control of the person to whom written application is made, that person shall, within 10 working days of the receipt of the request, so notify the applicant. If that person knows the name of the custodian of the record or the location or possible location of the record, this information shall also be given to the applicant.
D. With the consent of the applicant, any time limit imposed by A-----C of this regulation may be extended for an additional period not to exceed 30 days.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.08 - Notification of Persons Who May Be Affected By Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
Unless prohibited by law, the custodian may notify any person who could be adversely affected by disclosure of a record to the applicant that a request for inspection or copying of the record has been made. The custodian may consider the views of that person before deciding whether to disclose the record to the applicant.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.09 - Records Temporarily Unavailable

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested public record is in the custody and control of the person to whom written application is made but is not immediately available for inspection or copying, the custodian shall, within 10 working days of the receipt of the request, so notify the applicant and set a date and hour within a reasonable time for inspection or copying.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.10 - Records Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If a requested record has been destroyed or lost, the custodian to whom the application is made shall, within 10 working days of the request, notify the applicant of this fact and explain in the response the reasons why the records cannot be produced.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.11 - Review of the Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a written request is denied by the custodian for a reason other than that the record is temporarily unavailable, the applicant may, within 30 days after receipt of the notice of the denial, request an administrative hearing.
B. If the applicant requests a hearing, the hearing shall be conducted by a hearing officer designated by the Office of Administrative Hearings in accordance with COMAR 29.01.01. The Secretary shall issue the final decision of the Department.
C. If the hearing results in a total or partial denial of the written request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.
D. If the applicant chooses not to request a hearing under §A of this regulation, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting that administrative remedy.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.12 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, in the opinion of the Secretary, disclosure of a public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing and apply within 10 working days of the denial to the appropriate circuit court for an order permitting continued denial or restriction of access.
B. Notice of the application filed with the circuit court shall be served on the applicant in the same manner that is provided for service of process by the Maryland Rules of Procedure.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.13 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fee Schedule.
(1) The fee schedule for copying and certifying copies of records is provided in this section.
(2) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. The Secretary or the Secretary's designee may charge a reasonable fee for the reproduction of photographs. If records cannot be adequately reproduced by photocopying (for example, magnetic tapes, blueprints, and microfilm), the fee for copies is based on the actual cost of reproduction.
(3) Certification of Copies. If a person requests that a copy of a record be certified as a true copy, an additional fee of 75 cents per page shall be charged.
(4) Minimum Fee Charged. A charge is not made if the total amount of the fee would be $1 or less.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.14 - Time of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.02 - Public Information Requests › Section 29.01.02.15 - Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter sets out procedures to implement State Government Article, §10-625, Annotated Code of Maryland, for persons in interest to request the correction or amendment of personal records in the Department of State Police.
B. This chapter does not apply to criminal history record information as defined in Criminal Procedure Article, §
									10-201, Annotated Code of Maryland. Procedures for correction or amendment of criminal history record information are provided under Criminal Procedure Article, §
									10-224, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.02 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A "person in interest" as defined in State Government Article, §
									10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.03 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
The person in interest shall request the correction or amendment in writing. Each request shall:
A. Identify the personal records the person is seeking to correct or amend;
B. State the precise correction or amendment requested;
C. State the reason the correction or amendment is sought; and
D. Include a statement that the personal records are to the person's belief currently inaccurate or incomplete.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.04 - Filing the Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Office of the Secretary, Department of State Police, 1201 Reisterstown Road, Pikesville, Maryland 21208-3899.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.05 - Return of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A request for correction or amendment is considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03 of this chapter. If a request does not reasonably comply with Regulation .03 of this chapter, it shall be returned to the person with an explanation of the reason for the return and a statement that, upon completion, it may be refiled with the Department.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.06 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 of this chapter is received, the custodian of the record shall:
A. Make the requested correction or amendment and inform the person in writing of the action;
B. Inform the person in writing of:
(1) The Department's refusal to make the requested correction or amendment, and
(2) The reason for the refusal; or
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.07 - Refusal of Request

Current through Register Vol. 51, No. 14, July 12, 2024
If the Department's final determination under Regulation .06 of this chapter is to refuse the requested correction or amendment, as authorized by Regulation .06B of this chapter, the person in interest may file with the Department a concise statement of the reasons for:
A. The requested correction or amendment; and
B. Disagreement with the Department's refusal to make the correction or amendment.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.08 - Requirements for Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
The statement specified in Regulation .07 of this chapter shall be filed on pages not exceeding 8-1/2 X 11 inches in size. Only one side of the page shall contain the statement. Not more than 5 pages will be accepted by the Department in connection with a single request for correction and amendment.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.09 - Information Provided to Third Parties

Current through Register Vol. 51, No. 14, July 12, 2024
When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 of this chapter has been filed, the Department shall furnish a copy of the statement to the third party.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.03 - Correction or Amendment of Personal Records › Section 29.01.03.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied:
(1) An amendment or correction of a record;
(2) The right to file a statement; or
(3) The right to have a statement to a third party forwarded pursuant to Regulation .09 of this chapter.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes the procedures to enforce compliance by a facility with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, and COMAR 26.27.01.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.02 - 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) "Administrative law judge" has the meaning stated under COMAR 28.02.01.02B(1).
(2) "Civil penalty" means a statutorily authorized monetary penalty imposed for a violation of a statute or regulation.
(3) "Department" means the Department of State Police.
(4) Facility.
(a) "Facility" means a location in the State in which a hazardous material is stored, dispensed, used, or handled.
(b) "Facility" does not include:
(i) A railroad, rail train, or rail car regulated under 49 U.S.C. Subtitle IV, Part A; or
(ii) A retail distributor whose principal business is to sell or offer for sale, at the retail level, commercial fertilizer intended for agricultural use.
(5) "Hearing" means a contested case hearing, as defined by the Administrative Procedure Act, State Government Article, §§
										10-201 -10-227, Annotated Code of Maryland.
(6) "Person" means a person who owns, operates, maintains, or causes to operate or maintain a facility in this State.
(7) "Referring Agency" means the Department of the Environment.
(8) "Secretary" means the Secretary of the Department of State Police.
(9) "State" means the State of Maryland.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.03 - Written Referral for Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Referring Agency, through an audit, inspection, or investigation, determines that a facility is not in compliance with the Hazardous Material Security Act, Environment Article, Title 7, Subtitle 7, Annotated Code of Maryland, or COMAR 26.27.01, the Referring Agency shall refer each violation to the Department for enforcement.
B. The Referring Agency's written referral shall:
(1) Include the name, address, and telephone number of the authorized representative from the Referring Agency;
(2) Be signed by an authorized representative of the Referring Agency and dated;
(3) Contain the following identification on the facility:
(a) Full name and address; and
(b) Name of owner or operator, or both; and
(4) Advise the Department of the following:
(a) Specific violations;
(b) Brief statement of facts; and
(c) Statement of the law upon which a violation is based.
Code of Maryland Regulations › Title 29 - MARYLAND STATE POLICE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 29.01.04 - Hazardous Material Security › Section 29.01.04.04 - Notice of Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon receipt of the Referring Agency's written referral, the Secretary shall give notice of the violation and civil penalty assessed against a facility to a person by any method allowed for service of a summons under the Maryland Rules.
B. The notice of violation shall contain:
(1) Factual description of each violation;
(2) Civil penalty imposed;
(3) Statement of law or regulation on which each violation is based; and
(4) Appeal procedures.