reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 03 - PROJECT APPLICATIONS › Chapter 27.03.01 - Notification of Project Applications › Section 27.03.01.02 - Application Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant or local approving authority shall submit a copy of a local application to the Executive Director for all categories set forth in Regulation .03 of this chapter.
B. The application shall be accompanied by a completed cover sheet on a form to be developed by the staff of the Commission. This form shall be revised by the staff at any time with the approval of the Chairman or the Executive Director.
C. The Chairman or Executive Director may, at any time, request additional information from either the local approving authority or the applicant if it is necessary for accurate evaluation of the proposed action.
D. Once an application is submitted to the Executive Director pursuant to these regulations, the Chairman, Executive Director, and staff may, after notifying and obtaining approval of the property owner, inspect the subject property.
E. After receipt of a copy of an application from the applicant or the local approving authority, the Commission shall send written notice of receipt to the applicant and to the local approving authority before the close of the fifth business day. A failure of the Commission to send a timely notice shall render §F of this regulation inapplicable as to that application.
F. The local approving authority may not process an application which has been sent to the Commission for notification until it has received notice of receipt from the Commission. To expedite this process, the local jurisdiction may telephone the Commission to verify receipt of any given application. Any action of the local approving authority in violation of this section shall be void.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 03 - PROJECT APPLICATIONS › Chapter 27.03.01 - Notification of Project Applications › Section 27.03.01.03 - Notice Requirements for State Agency and Local Agency Development

Current through Register Vol. 51, No. 14, July 12, 2024
A. The requirements of this regulation do not apply to development that a State agency or local agency proposes in the Critical Area if:
(1) As provided under COMAR 27.02.02, the development is:
(a) A State agency action that results in development of local significance on private lands or lands owned by a local jurisdiction; or
(b) A local agency action that results in development of local significance on private lands or lands owned by a local jurisdiction;
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 03 - PROJECT APPLICATIONS › Chapter 27.03.01 - Notification of Project Applications › Section 27.03.01.04 - Categories of Applications of Which the Commission Wishes to Receive Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Developments, Subdivisions, and Site Plans Requiring Project Approval.
(1) The local approving authority shall send copies of applications for all developments, subdivisions, and site plans wholly or partially within the critical area, except those specified in §A(2), of this regulation.
(2) The following types of developments, subdivisions, and site plans are exempted from §A(1), of this regulation, if the proposed development, subdivision, or site plan does not result in a physical disturbance to the buffer:
(a) The following developments, subdivisions, or site plans that would occur wholly or partially within the IDAs:
(i) A single family dwelling unit;
(ii) A structure which is necessary to a single family dwelling unit which may include, but is not limited to, a pool, garage, porch, shed, or tennis courts;
(iii) Development in which the land disturbance does not exceed 15,000 square feet;
(iv) Subdivisions resulting in 10 lots or less, or 10 dwelling units or less;
(b) The following developments, subdivisions, or site plans that would occur wholly or partially within LDAs:
(i) Those listed in §A(2)(a)(i)-(iii), of this regulation;
(ii) A subdivision resulting in three lots or less which does not affect the local jurisdiction's growth allocation;
(c) Developments, Subdivisions, or site plans occurring wholly or partially within RCAs for which the land disturbance does not exceed 5,000 square feet.
Code of Maryland Regulations › Title 27 - CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS › Subtitle 03 - PROJECT APPLICATIONS › Chapter 27.03.01 - Notification of Project Applications › Section 27.03.01.05 - Requirements for Semi-Annual Information on Developments and Subdivisions Within a Critical Area

Current through Register Vol. 51, No. 14, July 12, 2024
A. The local jurisdiction shall submit to the Executive Director on a semi-annual basis (by January 1st, and by June 30th), a summary of all applications which have been approved for developments or subdivisions within the critical area (including those developments and subdivisions which were exempted by Regulation .03A(2) of this chapter).
B. The summary in §A shall include at least the following information for each:
(1) Development on an existing parcel:
(a) Name and address of property owner;
(b) Tax map, block and parcel data of development property;
(c) Designation of property before development (IDA, LDA, RCA);
(d) Total acreage of property;
(e) Total acreage of land disturbed on developed property;
(f) Type of development proposed which may include, but is not limited to, residential, business, industrial, redevelopment, or mixed.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.01 - Conflicts Policy › Section 28.01.01.01 - 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 individual:
(a) Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §
											9-1604(a)(2), Annotated Code of Maryland; or
(b) Designated pursuant to State Government Article, §
											9-1607, Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.01 - Conflicts Policy › Section 28.01.01.02 - Selection of Substituted ALJs

Current through Register Vol. 51, No. 14, July 12, 2024
A proceeding before the Office in which an employee of the Office or a member of the employee's household is a party may be heard by an individual designated by the Chief ALJ pursuant to State Government Article, §
									9-1607, Annotated Code of Maryland, who meets the requirements established under State Government Article, §
									9-1604(a)(2), Annotated Code of Maryland, and who is not an Office employee.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.02 - Security and Decorum › Section 28.01.02.01 - 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 individual:
(a) Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §
											9-1604(a)(2), Annotated Code of Maryland; or
(b) Designated pursuant to State Government Article, §
											9-1607, Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.02 - Security and Decorum › Section 28.01.02.02 - Prohibited Items or Substances and Weapons Policy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Dangerous or toxic items and weapons. Except as provided in §B of this regulation:
(1) Dangerous or toxic items and weapons are prohibited at Office proceedings and facilities;
(2) Dangerous or toxic items and weapons brought into an Office proceeding or facility may be confiscated; and
(3) If a prohibited item or weapon is brought into an Office proceeding or facility:
(a) The proceeding may be suspended or rescheduled; and
(b) The individual involved may be removed from the Office proceeding or facility.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.02 - Security and Decorum › Section 28.01.02.03 - Decorum and Security

Current through Register Vol. 51, No. 14, July 12, 2024
A. Parties, their authorized representatives, witnesses, and other persons present at an Office proceeding shall conduct themselves in a manner consistent with the standards of decorum commonly observed in a court.
B. Disrespectful, disorderly, disruptive, contemptuous, vulgar, or violent conduct or language, refusal to comply with directions, or continued use of dilatory tactics constitutes grounds for immediate exclusion from an Office proceeding.
C. A person who presents a threat to safety or who is disrupting Office operations or an Office proceeding may be removed from the:
(1) Office proceeding;
(2) Office facility; or
(3) Premises.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.01 - 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 individual appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, §
										9-1604(a)  (2), Annotated Code of Maryland.
(2) "Charges" means a written statement of cause for imposing discipline against an ALJ pursuant to State Personnel and Pensions Article, §
										11-104, Annotated Code of Maryland.
(3) "Chief ALJ" means the individual appointed as head of the Office pursuant to State Government Article, §
										9-1603, Annotated Code of Maryland.
(4) "Executive ALJ" means an ALJ appointed as the Director or Deputy Director of Operations, the Director or Deputy Director of Quality Assurance, or other position that the Chief ALJ designates as an executive ALJ position.
(5) "Filed" means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.
(6) "Office" means the Office of Administrative Hearings.
(7) "Probationary ALJ" means an ALJ during the first year after appointment as an ALJ.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.02 - Notice of Charges

Current through Register Vol. 51, No. 14, July 12, 2024
The Chief ALJ shall provide an ALJ with written notice of any charges.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.03 - Burden of Proof

Current through Register Vol. 51, No. 14, July 12, 2024
A. An ALJ who has been notified of charges may file a written appeal with the Chief ALJ within 10 days after the Chief ALJ notifies the ALJ of the charges.
B. If the ALJ does not file a timely appeal, or does not appear at the scheduled hearing, the charges may be upheld.
C. On appeal, the Office bears the burden of proving the charges by a preponderance of the evidence.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.04 - Time of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 90 days after filing an appeal, the ALJ shall have an opportunity to be heard on the charges.
B. The Chief ALJ may postpone the hearing beyond the 90-day period for good cause.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.05 - Hearing by Chief ALJ; Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Chief ALJ may conduct the hearing on an appeal of charges.
B. When the Chief ALJ conducts the hearing:
(1) The hearing may be closed to the public; and
(2) The Chief ALJ shall issue the final decision of the Office.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.06 - Hearing by Designee; Proposed Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Chief ALJ may designate an individual who is not an employee of the Office and who meets the qualifications established under State Government Article, §
									9-1604(a)(2), Annotated Code of Maryland, to conduct a hearing on the appeal of charges.
B. When the Chief ALJ designates an individual to conduct the hearing on an appeal of charges:
(1) The Administrative Procedure Act, State Government Article, §
										10-212, Annotated Code of Maryland, shall apply; and
(2) The designated individual shall issue a proposed decision in accordance with State Government Article, §§
										10-216(a)  and  10-220(d), Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.07 - Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
If oral argument is requested:
A. The Chief ALJ shall notify the parties by certified mail of the date, time, and place of the argument; and
B. The argument shall be scheduled to occur within 30 days after the exceptions and request for argument were filed.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.08 - Filing of Exceptions; Oral Argument

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 15 days after the proposed decision is postmarked, a party adversely affected may:
(1) File with the Chief Judge written exceptions; and
(2) Request oral argument on the exceptions.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.09 - Final Decision on Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time Periods for Issuance of Final Decision.
(1) If oral argument is held, the Chief ALJ shall issue the final decision within 45 days after conclusion of the argument.
(2) If written exceptions are filed, but no request for oral argument is made, the Chief ALJ shall issue the final decision within 45 days after the written exceptions were filed.
(3) If no written exceptions are filed, the Chief ALJ shall issue the final decision within 30 days after the proposed decision was mailed to the parties.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.10 - Termination on Probation

Current through Register Vol. 51, No. 14, July 12, 2024
A probationary ALJ may appeal termination only on the grounds that the termination is illegal or unconstitutional.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.03 - Administrative Law Judge Discipline and Reassignment of Duties › Section 28.01.03.11 - Executive Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Executive ALJs serve at the pleasure of the Chief ALJ, who may assign, reassign, or remove executive duties without cause at any time. The assignment, reassignment, or removal of executive duties is not appealable.
B. The Chief ALJ shall notify an executive ALJ of the removal of executive duties at least 14 days prior to the effective date of the removal.
C. The Chief ALJ may permit an Executive ALJ whose executive duties have been removed to continue to serve as an ALJ.
D. If the Chief ALJ determines not to permit the individual to continue to serve as an ALJ:
(1) A Notice of Charges shall be issued in accordance with Regulation .02 of this chapter; and
(2) The procedures specified in Regulations .03 through .09 of this chapter shall apply.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under the Public Information Act for filing and processing requests to the Office of Administrative Hearings for the inspection and copying of public records of the Office.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.02 - Policy

Current through Register Vol. 51, No. 14, July 12, 2024
It is the policy of the Office of Administrative Hearings to facilitate access to the public records of the Office, if access is allowed by law, by minimizing costs and time delays to applicants.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.03 - 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) "Act" means the Public Information Act, General Provisions Article, §§
										4-101 -4-601, Annotated Code of Maryland.
(2) "Applicant" has the meaning stated in General Provisions Article, §
										4-101(b), Annotated Code of Maryland.
(3) "Board" has the meaning stated in General Provisions Article, §
										4-101(c), Annotated Code of Maryland.
(4) "Chief ALJ" means the individual appointed as head of the Office pursuant to State Government Article, §
										9-1603, Annotated Code of Maryland.
(5) "Copy" means any form of reproduction using a photocopying machine or other reproduction technology, including a paper copy, an electronic copy, a printout, or an image.
(6) "Custodian" has the meaning stated in General Provisions Article, §
										4-101(d), Annotated Code of Maryland.
(7) "Filed" means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.
(8) "Indigent" has the meaning stated in General Provisions Article, §
										4-206(a)(2), Annotated Code of Maryland.
(9) "Metadata" has the meaning stated in General Provisions Article, §
										4-205(a), Annotated Code of Maryland.
(10) "Office" means the Office of Administrative Hearings.
(11) "Official custodian" has the meaning stated in General Provisions Article, §
										4-101(f), Annotated Code of Maryland.
(12) "Public Access Ombudsman" means the official appointed under General Provisions Article, Title 4, Subtitle IB, Annotated Code of Maryland, to resolve disputes under the Act.
(13) "Public record" has the meaning stated in General Provisions Article, §
										4-101(j), Annotated Code of Maryland.
(14) "Reasonable fee" has the meaning stated in General Provisions Article, §
										4-206(a)(3), Annotated Code of Maryland.
(15) "Working day" means a day on which the Office is open from 8 am until 4:30 pm.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.04 - Deputy Director, Operations as Official Custodian

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law, the Deputy Director of Operations is the official custodian of the public records of the Office.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.06 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. Inspection.
(1) Except as otherwise provided in this chapter, the custodian shall make public records of the Office 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:
(a) The Act or any other law may prohibit the disclosure of the public record to the applicant; or
(b) A written request will materially assist the Office in responding.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.07 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the applicant's name and address;
B. Be signed by the applicant; and
C. Reasonably identify, by brief description, the public record sought.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.08 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
A request to inspect or copy a public record of the Office shall be addressed to the custodian of the record. If the custodian is unknown, the request may be addressed to the Chief Judge or the custodian.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.09 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian decides to grant a request for inspection, the custodian shall produce the public record for inspection:
(1) Immediately; or
(2) Within a reasonable time period, not to exceed 30 days after the date of the request, if additional time is needed to retrieve the public record and conduct any necessary review.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.10 - Notice to Person Possibly Affected by Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless prohibited by law, the custodian may provide notice of a request for inspection or copying of any public record of the Office to any person who, in the judgment of the custodian, could be adversely affected by disclosure of the public record.
B. The custodian may consider the views of the possibly affected person before deciding whether to disclose the public record to an applicant.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.11 - Electronic Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §§C and D of this regulation, the custodian shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:
(1) The public record is in a searchable and analyzable electronic format;
(2) The applicant requests a copy of the public record in a searchable and analyzable electronic format; and
(3) The custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose information that is exempt from disclosure under the Act.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.12 - Public Record Destroyed or Lost

Current through Register Vol. 51, No. 14, July 12, 2024
If the person to whom application is made knows that a requested public record of the Office has been destroyed or lost, the person shall promptly:
A. Notify the applicant that the public record is not available; and
B. Explain the reasons why the public record cannot be produced.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.13 - Review of Denial

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may file an action for judicial enforcement under General Provisions Article, §
									4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.
B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the Board under General Provisions Article, § 4-1 A-05(a), Annotated Code of Maryland.
C. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle IB, Annotated Code of Maryland, a dispute relating to requests for public records.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.14 - Disclosure Against Public Interest

Current through Register Vol. 51, No. 14, July 12, 2024
A. Denial Pending Court Order.
(1) If, in the opinion of the Chief ALJ, disclosure of a public record of the Office otherwise subject to disclosure under the Act would do substantial injury to the public interest, the Chief ALJ may temporarily deny the request and seek a court order allowing nondisclosure.
(2) A temporary denial shall be in writing.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.15 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Copies.
Except as provided in §§B and C of this regulation, the fees for reproducing public records of the Office in the form of copies, printouts, or photographs, and for certifying the reproductions, are as follows:
(1) Reproduction.
(a) For each reproduction made other than by a photocopying machine within the Office, the actual cost of reproduction; and
(b) For each copy made by a photocopying machine within the Office, 25 cents per page.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.04 - Public Information Act Requests › Section 28.01.04.16 - Time and Place of Inspection

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may inspect a public record of the Office that the applicant is entitled to inspect during the normal working hours of the Office.
B. The inspection shall occur where the public record is located, unless the custodian, after considering an applicant's express request, determines that another place is more suitable and convenient.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets out procedures under which a person in interest may request the correction or amendment of public records of the Office of Administrative Hearings.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.02 - 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 the Public Information Act, General Provisions Article, §§
										4-101 -4-601, Annotated Code of Maryland.
(2) "Applicant" has the meaning stated in General Provisions Article, §
										4-101(b), Annotated Code of Maryland.
(3) "Chief ALJ" means the individual appointed as head of the Office pursuant to State Government Article, §
										9-1603, Annotated Code of Maryland.
(4) "Custodian" has the meaning stated in General Provisions Article, §
										4-101(d), Annotated Code of Maryland.
(5) "Filed" means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.
(6) "Office" means the Office of Administrative Hearings.
(7) "Person in interest" has the meaning stated in General Provisions Article, §
										4-101(g), Annotated Code of Maryland.
(8) "Public record" has the meaning stated in General Provisions Article, §
										4-101(j), Annotated Code of Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.03 - Who May Request

Current through Register Vol. 51, No. 14, July 12, 2024
A person in interest may request that the Office correct or amend any public record that:
A. The Office keeps; and
B. The person in interest is authorized to inspect.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.04 - Contents of Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person in interest shall make a request to correct or amend a public record in writing.
B. The request shall:
(1) Identify the public record to be corrected or amended;
(2) State the precise correction or amendment requested;
(3) State the reason for the correction or amendment; and
(4) Include a statement that, to the best of the requester's belief, the public record is inaccurate or incomplete.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.05 - Addressee

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise provided by law, requests to correct or amend a public record of the Office shall be addressed to the Deputy Director of Operations, who is the official custodian of the public records of the Office.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.06 - Return of Nonconforming Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Office shall accept a request to correct or amend a public record when received if it reasonably complies with Regulations .04 and .05 of this chapter.
B. If the request does not reasonably comply with Regulations .04 and .05 of this chapter, the Office shall return the request to the requester with:
(1) An explanation of the reason for the return; and
(2) A statement that, on receipt of a request that reasonably complies with Regulations .04 and .05 of this chapter, the request will be accepted.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.07 - Response to Request

Current through Register Vol. 51, No. 14, July 12, 2024
Within 30 days after the Office receives a request for correction or amendment that reasonably complies with Regulations .04 and .05 of this chapter, the custodian shall:
A. Make the requested correction or amendment, and inform the requester in writing of the action; or
B. Inform the requester in writing that the Office will not:
(1) Make the requested correction or amendment, and the reason for the refusal; or
(2) Act on the request:
(a) Because the requester is not a person in interest;
(b) Because the requester is not authorized to inspect the record; or
(c) For any other reason authorized by law.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.08 - Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Office refuses to make a requested correction or amendment, a person in interest may file with the Office a concise, written statement of disagreement.
B. The statement of disagreement shall:
(1) Be on pages not larger than 8-1/2 x 11 inches in size;
(2) Use only one side of each page;
(3) Consist of not more than five pages, double spaced, in 12-point font;
(4) Explain the reason for the requested correction or amendment; and
(5) Explain the basis for the disagreement with the stated reason for the Office's refusal to make the correction or amendment.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.09 - Providing Copy of Statement of Disagreement

Current through Register Vol. 51, No. 14, July 12, 2024
If a person in interest files a statement of disagreement concerning a public record under Regulation .08 of this chapter, the Office shall provide a copy of the statement whenever the Office discloses the public record to a third party.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 01 - ADMINISTRATION › Chapter 28.01.05 - Correction or Amendment of Public Records › Section 28.01.05.10 - Administrative Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may request administrative review under this regulation if the Office:
(1) Has refused the person's request to correct or amend a public record under Regulation .07 of this chapter;
(2) Has rejected the person's statement of disagreement under Regulation .08 of this chapter; or
(3) Has not provided a statement of disagreement to a third party under Regulation .10 of this chapter.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Applicability. This chapter applies to all proceedings before the Office of Administrative Hearings.
B. This chapter shall be construed to ensure the fair and expeditious determination of every action.
C. Subject to §D of this regulation, this chapter supplements the procedures required by law.
D. Unless federal or State law requires that a federal or State procedure shall be observed, this chapter takes precedence in the event of conflict.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.02 - 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) "Affidavit" means a written statement, signed under penalties of perjury, affirming that the statements it contains are true:
(a) Based upon the affiant's personal knowledge; or
(b) To the best of the affiant's knowledge, information, and belief.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.03 - Transmittal of Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Initiation. A hearing may be initiated:
(1) On transmittal forms provided by the Office and accompanied by copies of all pertinent documents;
(2) On forms provided by the agency; or
(3) In any other manner permitted 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 28.02.01.04 - Commencement of Case; Computation of Time; Filing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise provided for by law, the Office acquires jurisdiction over a matter and a case commences when a person files a transmittal or an initial pleading with the Office:
(1) Pursuant to a delegation of authority under State Government Article, §
										10-205, Annotated Code of Maryland; or
(2) As otherwise directed by an agency.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.05 - Notice

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reasonable written notice of a hearing shall be provided to the parties.
B. A hearing notice provided by the Office shall contain:
(1) The nature of the hearing and the date, time, and physical address, remote URL location and meeting number, or telephone number,
(2) A statement of the right to present witnesses and documents, or other evidence, and the right to cross-examine any witness that another party calls under State Government Article, §
										10-213(f), Annotated Code of Maryland, if applicable;
(3) A statement of the right to request subpoenas for witnesses and evidence, and specifying the costs, if any, associated with the request;
(4) A statement that a copy of the hearing procedures is available on request, and specifying the costs, if any, associated with the request;
(5) A statement of any rights, restrictions, or requirements pertaining to representation;
(6) A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and
(7) A statement that, unless otherwise prohibited by law, the parties may agree to the evidence and may waive their right to appear at the hearing.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.06 - Expedited Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A motion for an expedited hearing may be filed by any party. The motion shall set forth the reasons for expediting the hearing.
B. Any response to the motion shall be filed within 10 days of the date the motion is filed.
C. Motions.
(1) A motion for expedited hearing shall be granted only if the moving party establishes good cause.
(2) The Office shall notify all parties of the decision on a motion for expedited hearing and, if granted, shall schedule the hearing as soon as practical.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.08 - Representation of Parties at Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. In all Office proceedings:
(1) An individual may represent himself or herself; and
(2) A person may be represented by an attorney authorized to practice law in Maryland.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.09 - Appointment of Interpreter; Request for Accommodations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon request of a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language, the Office shall provide a qualified interpreter during the Office proceeding in which the party, witness, or representative is participating.
B. An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings.
C. If a party, witness, or representative requests an accommodation, the Office shall provide a reasonable accommodation as required by the Americans with Disabilities Act.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.10 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. A copy of any pleading, motion, response, correspondence, or other paper filed in any proceeding shall be served promptly on all other parties to the proceeding by the party making the filing.
B. Unless otherwise required by law, service on other parties may be made:
(1) By United States mail;
(2) By personal or courier delivery;
(3) Electronically; or
(4) As otherwise agreed to by the parties.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.11 - Powers and Duties of ALJs

Current through Register Vol. 51, No. 14, July 12, 2024
A. An ALJ shall:
(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 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.12 - Motions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise provided by this chapter, this regulation pertains to all motions filed with the Office.
B. In General.
(1) An application to the Office for an order shall be by motion that, unless made during a hearing, shall be made in writing, and shall set forth the relief or order sought.
(2) A written motion and response to a motion shall state their respective grounds and a party shall attach any relevant documents as exhibits.
(3) An answer to a written motion shall be filed on the earlier of:
(a) 15 days after the date the motion was filed; or
(b) The date of the hearing.
(4) Upon notice to all parties, the ALJ may schedule a prehearing conference or hearing to consider a written motion.
(5) The ALJ may issue a written decision on a motion or state the decision on the record.
(6) If a ruling on a motion is not stated on the record, the ruling shall be included in the ALJ's proposed or final decision.
(7) The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.13 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. By written request filed not later than 30 days before the scheduled hearing, a party may require any other party to produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible item, including electronically stored information, that is:
(1) Relevant to the subject matter of the case; and
(2) Not privileged.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.14 - Subpoenas

Current through Register Vol. 51, No. 14, July 12, 2024
A. Issuance of Subpoenas. On request of a party, or at the direction of an ALJ, the Office may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of one or more tangible items in the possession or under the control of a witness.
B. Requests.
(1) A request for a subpoena shall be made in writing, filed with the Office, and served on all other parties.
(2) To the extent practicable, subpoena requests shall be filed at least 15 days before the hearing.
(3) A request for a subpoena shall specify the:
(a) Name and full address of the person to be subpoenaed;
(b) The email address and phone number of the person to be subpoenaed or an affirmative statement that this information is not available; and
(c) Name, full address, and telephone number of the party requesting the subpoena.
(4) A party requesting a subpoena for the production of tangible items, books, papers, other documents, or electronic files shall describe those items with particularity.
(5) A party requesting a subpoena for the production of medical records shall:
(a) Comply with Health-General Article, § 4-306, Annotated Code of Maryland; and
(b) Serve a copy of the subpoena on the person whose medical records are sought.
(6) A party requesting a subpoena for the production of financial records shall:
(a) Comply with Financial Institutions Article, §
											1-304, Annotated Code of Maryland; and
(b) Serve a copy of the subpoena on the person whose financial records are sought.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.15 - Intervention

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon motion filed not later than 15 days before the earlier of the prehearing conference or the hearing date, a person may 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 subject matter of the hearing that is:
(a) Adversely affected; and
(b) Not adequately represented by existing parties.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.16 - Postponements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as provided in §D of this regulation, a request for postponement shall be made in writing not fewer than 5 days before the scheduled hearing.
B. A postponement request shall be served on all parties and may be filed by:
(1) United States mail;
(2) Personal or courier delivery;
(3) Facsimile to (410) 229-4266; or
(4) Email to oah.postponements@maryland.gov.
Code of Maryland Regulations › Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS › Subtitle 02 - RULES OF PROCEDURE › Chapter 28.02.01 - Rules of Procedure › Section 28.02.01.17 - Prehearing Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. When appropriate, the ALJ may hold a prehearing conference to resolve matters preliminary to the hearing.
B. The ALJ may require the parties to submit information before the prehearing conference.
C. A prehearing conference may be convened to address the following matters:
(1) Issuance of subpoenas;
(2) Factual and legal issues;
(3) Stipulations;
(4) Requests for official notice;
(5) Identification and exchange of documentary evidence;
(6) Admissibility of evidence;
(7) Identification and qualification of witnesses;
(8) Motions;
(9) Discovery disputes;
(10) Order of presentation and burden of proof,
(11) Scheduling;
(12) Alternative dispute resolution; and
(13) Any other matters that will promote the orderly and prompt conduct of the hearing.