reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.03 - State Emergency Services Instructor Certification Standard

Current through Register Vol. 51, No. 14, July 12, 2024
A. The objective of this certification system is to provide the emergency services of the State with a competent instructor. When certified, the instructor shall provide instruction and training in one or more of the emergency services disciplines.
B. Advanced life support program coordinators and medical directors functioning under COMAR 30.04 shall ensure that individuals providing instruction as faculty have appropriate educational credentials in addition to subject matter expertise. In addition, the Maryland Institute for Emergency Medical Services Systems (MIEMSS) shall ensure that educational program faculty qualifications are consistently applied Statewide via the Advanced Life Support Educational Program approval process.
C. Instructor certification is granted by the Maryland Instructor Certification Review Board.
D. The State emergency services instructor standards apply to faculty employed by a public or private postsecondary institution, including degree-granting institutions teaching credit courses in emergency services programs whose students are to be qualified as emergency services personnel serving the public.
E. Six Sequential Stages of Instructor Candidate System.
(1) Expression of Interest.
(a) This first stage identifies emergency service personnel who meet specific entry level criteria and indicate their interest in the program to a sponsoring agency as defined in Regulation .02B of this chapter.
(b) The candidate shall:
(i) Be 21 years old or older;
(ii) Have a high school diploma or general education diploma (GED) verified by the sponsoring agency;
(iii) Have 3 years of experience in the emergency services;
(iv) Possess the ability to perform all tasks required for the teaching; and
(v) Complete an approved training program in the area of instruction.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.04 - Certification Standard Instructor Trainer

Current through Register Vol. 51, No. 14, July 12, 2024
A. The candidate shall document instructional experience and formal education.
B. Educational Requirements.
(1) To become certified as an emergency service instructor trainer in Maryland, an individual shall have completed:
(a) A baccalaureate or graduate degree in education or a related field from an accredited college or university; and
(b) 3 years of teaching experience, which shall be documented as evidence of competence.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.05 - Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. Certification Criteria. A certificate for an individual approved as an instructor trainer is valid for 3 years after the date of approval by the MICRB, if the candidate:
(1) Meets the requirements as specified;
(2) Has evidence of academic achievement to meet these requirements documented by an official transcript from the college or university and has the institution send it to the MICRB;
(3) Has at least two satisfactory evaluations by a certified instructor trainer or individual designated by the MICRB before the evaluation; and
(4) Is recommended by the employing agency or agency having jurisdiction within the State.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.06 - Maryland Instructor Certification Review Board

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Maryland Higher Education Commission, through the Maryland Fire-Rescue Education and Training Commission, has established, under its authority, standards for certification of emergency services instructors.
B. The process for issuing certificates under these standards is the responsibility of the Maryland Instructor Certification Review Board (MICRB).
C. The MICRB is a unit within the University System of Maryland.
D. The MICRB consists of five members appointed, effective July 1, for a 2-year term by the Chancellor of the University System of Maryland as follows:
(1) In even numbered years, one member recommended by the:
(a) Maryland Fire-Rescue Education and Training Commission, and
(b) Maryland Institute for Emergency Medical Services Systems;
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.07 - Maryland Instructor Certification Review Board Administration

Current through Register Vol. 51, No. 14, July 12, 2024
A. General administration of the MICRB is vested in the Chancellor of the University System of Maryland.
B. The MICRB shall act within the provisions of the Maryland instructor certification standards established for all State emergency services instructor, instructor evaluators, and instructor trainer certification candidates.
C. Certificates shall bear the seal of the University System of Maryland and be signed by the Chancellor, the chairman of the MICRB, and the chief officer of the agency or organization proposing the certification.
D. The MICRB shall approve all evaluators. Sponsoring agencies may submit candidates for consideration as evaluators. All evaluator candidates submitted by their sponsoring agency shall have successfully completed a MICRB-approved evaluator workshop prior to their recommendation and approval as an instructor evaluator.
E. The MICRB shall set the term of an evaluator.
F. The term of State emergency services instructors approved as evaluators shall be concurrent with their State emergency service instructor certification.
G. An MICRB-approved instructor evaluator must administer at least one evaluation during the appointment period as a condition of reappointment as an instructor evaluator. An instructor evaluator not meeting this requirement must successfully complete an MICRB-approved evaluator workshop prior to being recommended and approved for reappointment.
H. An instructor receiving initial certification as an MICRB-approved State emergency services instructor may not be approved as an instructor evaluator. An instructor must complete at least one certification cycle and successfully complete an MICRB-approved instructor evaluator workshop before becoming eligible for recommendation and approval as an instructor evaluator.
I. The MICRB is the final authority in issuing, renewing, or revoking certificates.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.08 - Maryland Instructor Certification Review Board Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A. The MICRB shall meet at least four times during the calendar year.
B. Representation from three of the organizations shall constitute a quorum.
C. In the absence of the chairman, another regular member shall act as chairman.
D. The MICRB shall prepare the minutes of all meetings.
E. The member representatives shall be the five individuals designated by the recommending organizations.
F. The designated alternate shall vote only in the absence of a member.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.09 - Maryland Instructor Certification Review Board Operations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The MICRB shall maintain a current file of all MICRB certified instructors.
B. The MICRB shall maintain a roster of certified State emergency services instructors currently approved by the MICRB as evaluators. The organizations represented on the MICRB may recommend evaluators. The MICRB shall approve evaluators who have been recommended and who have completed an MICRB endorsed evaluator workshop. Only MICRB approved evaluators may carry out required evaluations of student teaching activities.
C. MICRB shall make available current lists of certified instructors, instructor trainers, and approved evaluators upon written request.
D. An agency submitting applicants to the MICRB for certification as a State emergency services instructor, evaluator, or instructor trainer shall certify that the candidate has successfully completed each stage of the instructor-training approval process. The MICRB shall prepare and furnish standardized forms.
E. The members, or alternates, in attendance at the MICRB meeting shall make certification decisions by a majority vote. The MICRB shall notify the applicant and sponsoring agency of the action within 30 calendar days following the meeting.
F. An instructor candidate denied State certification or recertification by the MICRB may appeal the decision in writing. The candidate shall direct the appeal to the chairman of the MICRB within 30 calendar days from receipt of notification of action taken by the MICRB. If counsel represents the candidate, counsel shall advise the MICRB of the request for appeal.
G. The MICRB shall hear the appeal at the next scheduled meeting, but not less than 30 calendar days, or more than 60 calendar days from the date of receipt of the appeal.
H. The MICRB shall notify the instructor candidate of the date of the appeal hearing. The instructor candidate or counsel, or both, may attend the hearing.
I. The MICRB shall notify the instructor candidate within 30 calendar days following the hearing, stating the final decision of the MICRB.
J. The MICRB shall oversee the standards, ethics, and conduct of the State instructor certification process. The MICRB shall make recommendations to the MFRETC for modifications as needed.
K. The Maryland Higher Education Commission shall approve the proposed amendments to the process and these regulations.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.10 - Maryland Instructor Certification Review Board Revocation Procedure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The MICRB shall only consider written requests for revocation. Requests for revocation shall be forwarded to the sponsoring agency for a response.
B. MICRB may consider but not limit revocation for:
(1) Misconduct;
(2) Insubordination;
(3) Incompetency;
(4) Misrepresentation;
(5) Willful neglect of duty;
(6) Conviction of a felony;
(7) Conviction of a crime involving moral turpitude; and
(8) Failure to maintain required prerequisites for certification.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.11 - Maryland Instructor Certification Review Board Staffing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The University System of Maryland Central Administration shall provide staff support to the MICRB through the Maryland Fire and Rescue Institute, subject to the approved budget.
B. The MFRETC, the chief operating officers of the Maryland Fire and Rescue Institute and the Maryland Institute for Emergency Medical Services Systems, the chairman of the Maryland Council of Fire and Rescue Academies, and the president of the Maryland State Firemen's Association may designate a representative as staff liaison to the MICRB in carrying out the MICRB's staff responsibilities.
C. The University System of Maryland shall reimburse members of the MICRB for expenses incurred in attending meetings. In its operating budget, the University System of Maryland shall provide for other necessary expenses incurred for the operations of the MICRB.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.12 - Review

Current through Register Vol. 51, No. 14, July 12, 2024
A. The agencies and organizations represented on the MICRB shall review these regulations and certification authority every 2 years.
B. MICRB shall submit proposed changes to these regulations in accordance with the Administrative Procedure Act, State Government Article, Title 10, Annotated Code of Maryland, and through the Board of Regents of the University System of Maryland and the Maryland Higher Education Commission.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 03 - FIRE-RESCUE EDUCATION AND TRAINING COMMISSION › Chapter 13B.03.01 - Certification Standards and Procedures for Emergency Services Instructors › Section 13B.03.01.13 - Local Emergency Service Instructor Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as set forth in §B of this regulation, the instructor candidate shall meet the requirements of NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications, chapters 1-5.
B. The instructor candidate may meet the requirements of a recognized instructor training agency or educational institution if the requirements:
(1) Cover all the elements specified in NFPA 1041 Standard for Fire and Emergency Services Instructor Professional Qualifications, chapters 1-5; and
(2) Have been approved by MICRB.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter applies to contested case hearings before the Maryland Higher Education Commission.
B. Hearings before an administrative law judge of the Office of Administrative Hearings shall be conducted in accordance with the rules of procedure of the Office of Administrative Hearings in COMAR 28.02.01, and this chapter. To the extent that this chapter conflicts with COMAR 28.02.01, this chapter prevails.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.02 - 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) "Administrative law judge" has the meaning stated in COMAR 28.02.01.02.
(2) "Authorized representative" means an attorney or, when permitted by applicable law, an individual designated by a party to represent the party.
(3) "Commission" means the Maryland Higher Education Commission.
(4) "Hearing" or "proceeding" means a contested case hearing as defined by the Administrative Procedure Act in State Government Article, §
										10-202(d), Annotated Code of Maryland.
(5) Institution of Postsecondary Education or Institution.
(a) "Institution of postsecondary education" or "institution" means a school or other institution that offers an educational program in the State for individuals who are 16 years old or older and who have graduated from or left elementary or secondary school.
(b) "Institution of postsecondary education" or "institution" does not include a program conducted by a public school system of the State or program subject to approval by the Apprenticeship and Training Council.
(6) "Party" means an individual, person, or agency, including the Secretary, named or admitted to participate in a hearing before the Secretary or the Commission.
(7) "Person" means an individual, general or limited partnership, joint stock company, unincorporated association or society, corporation, or other entity, including a public company, or an agency or instrumentality of federal, State, or local government.
(8) "Secretary" means the Secretary of Higher Education or a designee of the Secretary.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.03 - Notice of the Right to a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. If there is a statutory right to appeal an action of the Secretary or the Commission, the Secretary or the Commission, as appropriate, shall provide notice of that action in accordance with this regulation.
B. The notice shall include:
(1) A statement of the factual basis for the action;
(2) A reference to the statutory or regulatory provision under which the action is being taken;
(3) A statement of the right to a hearing upon request;
(4) The authority of the Secretary or the Commission to hold the hearing;
(5) A statement of the time period within which a hearing shall be requested;
(6) A statement of the specific action a person is required to take in order to timely request a hearing; and
(7) A statement that unless a hearing is requested the intended action of the Secretary or the Commission shall become final and binding on all parties.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.04 - Request for a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. A written request for a hearing shall be filed:
(1) Within the time period specified by relevant statute or regulation; or
(2) If no time period is otherwise specified, not later than 30 days from the date of the notice of the contested action.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.05 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Commission, as appropriate, shall serve written notice of the hearing on the parties.
B. The hearing notice shall contain:
(1) The date, time, place, and nature of the hearing;
(2) The legal authority and jurisdiction under which the hearing is to be held, including citation to any statute or regulation that is pertinent;
(3) The nature and subject matter of the hearing;
(4) A statement of the right to present witnesses and documents;
(5) A statement that a copy of the hearing procedures is available upon request;
(6) A statement of any right or restrictions pertaining to representation;
(7) The name, mailing address, and telephone number of each party to whom the notice is sent;
(8) The name, title, address, and telephone number of any attorney or Commission employee who has been designated to represent the agency at the hearing;
(9) A statement that failure to appear for the scheduled hearing may result in an adverse action against that party; and
(10) A statement that parties may agree to the evidence and may waive their right to appear at the hearing.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.06 - Expedited Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party may serve on the Secretary or the Commission, as appropriate, and on all parties, a request for an expedited hearing.
B. The request for an expedited hearing shall set forth the reason for the request.
C. A request for an expedited hearing shall waive applicable notice requirements.
D. The Secretary or the Commission, as appropriate, shall rule on a request for an expedited hearing within 3 working days after receipt of the request.
E. A decision granting an expedited hearing shall establish precise time frames for the conduct and completion of the hearing, and for issuance of the final decision.
F. If the Secretary, in accordance with Education Article, §
									11-107 or  11-204, Annotated Code of Maryland, obtains an injunction or other judicial remedy against a party before the issuance of a final decision, the Commission shall schedule the hearing within 2 weeks of the court's order, unless a party can show good cause why the hearing should be delayed.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.07 - Time and Place For Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A hearing shall be conducted at a site designated by the Secretary or the Commission, as appropriate.
B. A hearing shall be held:
(1) Within the time period specified by relevant statute or regulation; or
(2) If no time period is otherwise specified, not later than 90 days from the date the notice of the request for a hearing is received.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.08 - Conduct of Hearings and Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Commission may, at its discretion, appoint less than a quorum of Commission members to preside at the hearing and prepare proposed findings of fact and conclusions of law. The proposed findings of fact and conclusions of law shall be presented to the Commission with a quorum of members present. At that meeting and any adjournment of that meeting, the proposed findings of fact and conclusions of law shall be considered and voted upon. The findings of fact and conclusions of law adopted by a majority of the members present shall serve as the basis for the Commission's final decision as provided in Regulation .29 of this chapter.
B. If the Commission elects not to appoint less than a quorum of Commission members to preside at the hearing, the hearing shall be conducted before the Commission and not less than a quorum of the Commission shall be present at all times during the hearing.
C. The Secretary or the Commission, whichever is presiding at a hearing, may:
(1) Make decisions and take any appropriate actions authorized by law;
(2) Hold prehearing conferences and require the parties to submit and exchange relevant and necessary documents and information before the beginning of the hearing;
(3) Conduct a full, fair, and impartial hearing;
(4) Regulate the course of the hearing and take action to avoid unnecessary delay in the disposition of the proceedings;
(5) Define the scope of the issues;
(6) Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;
(7) Maintain order and regulate the conduct of the witnesses and the parties and their authorized representatives, including but not limited to removing from a hearing those whose conduct impedes the orderly progress of the hearing;
(8) Administer oaths and affirmations;
(9) Rule on offers of proof and receive relevant and material evidence;
(10) Admit evidence and rule on the admissibility of evidence;
(11) Rule on motions;
(12) Examine and call witnesses;
(13) Grant a continuance for good cause shown;
(14) Require parties to submit legal memoranda, proposed findings of fact, and conclusions of law; and
(15) Impose appropriate sanctions for failure to abide by these regulations or any order of the Secretary or the Commission, including but not limited to:
(a) Limiting the issues to be heard,
(b) Limiting the introduction of documentary and testimonial evidence,
(c) Dismissing all or any part of a contested case, or
(d) Entering an order on the merits against any party.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.09 - Parties; Representation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The parties shall consist of:
(1) The institution of postsecondary education or the individual requesting the hearing;
(2) A person entitled as of right to participate as a party;
(3) A person who applies for and is granted leave to participate as a party upon a satisfactory showing of interest in the matter, including a person admitted as a party for a limited purpose; and
(4) The Secretary.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.10 - Discovery

Current through Register Vol. 51, No. 14, July 12, 2024
A. Not later than 20 days before the scheduled hearing, each party shall provide all other parties with a list of all witnesses, including expert witnesses, who are expected to testify for that party at the hearing.
B. With respect to any matter which is relevant to the subject matter of the hearing and which is not privileged, a party, by written request served upon all other parties and filed with the Secretary or the Commission, as appropriate, not later than 20 days before the scheduled hearing, may require any other party to:
(1) Produce within 15 days, for inspection or copying, any file, memorandum, correspondence, document, expert report, object, or tangible thing; and
(2) Respond to not more than 15 interrogatories, which will be counted separately irrespective of the manner in which they are grouped, combined, or arranged.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.11 - Intervention and Consolidation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Upon motion filed not later than 10 days before the prehearing conference or 20 days before the hearing date, a person may be permitted to intervene in an action when the person has standing and:
(1) 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 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.12 - Prehearing Conference

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Commission, as appropriate, may hold a prehearing conference to resolve matters preliminary to the hearing.
B. The Secretary or the Commission, as appropriate, may require the parties to submit information before the prehearing conference.
C. The Secretary or the Commission, as appropriate, may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call as well as copies of the documents that will be used for direct examination during the hearing. Failure to comply in good faith with this order is grounds to refuse to admit the oral or written testimony of that witness, to refuse to admit a report of that expert, or to refuse to admit any document not furnished to the other parties.
D. A prehearing conference may be convened to address the following matters:
(1) Factual and legal issues;
(2) Stipulations and admissions of fact;
(3) Stipulations as to the authenticity and admissibility of documents;
(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;
(11) Scheduling;
(12) Settlement possibilities or conferences; and
(13) Any other matter that will promote the orderly and prompt conduct of the hearing.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.13 - Settlement Conferences

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Commission, as appropriate, may appoint a designee to preside at a conference to address settlement possibilities.
B. Settlement discussions are not a part of the case record.
C. The individual who presides at a settlement conference in which ex parte communications take place may not preside at any hearing in that contested case and may not advise the Secretary or the Commission regarding any decision on the merits of that case.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.14 - Stipulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Stipulations.
(1) The parties, by stipulation, may agree to any substantive or procedural matter.
(2) A stipulation may be filed in writing or entered on the record at the hearing.
(3) The Secretary or the Commission, as appropriate, may require additional development of stipulated matters.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.15 - Motions; Postponement; Failure to Prosecute

Current through Register Vol. 51, No. 14, July 12, 2024
A. Process.
(1) Unless otherwise provided by these regulations, a party:
(a) May move for appropriate relief before or during a hearing; and
(b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.16 - Conduct of Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. On a genuine issue in a contested case, each party is entitled to:
(1) Call witnesses;
(2) Offer evidence, including rebuttal evidence;
(3) Cross-examine opposing witnesses; and
(4) Make opening and closing statements.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.17 - Evidence

Current through Register Vol. 51, No. 14, July 12, 2024
A. Evidence shall be admitted in accordance with this chapter and State Government Article, §
									10-213, Annotated Code of Maryland.
B. Evidence may not be excluded solely on the grounds that it is hearsay.
C. Exclusion of Witnesses.
(1) Upon request by a party, the Secretary or the Commission, as appropriate, may exclude witnesses other than parties from the hearing room.
(2) The Secretary or the Commission, as appropriate, may order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.
(3) A party that is not an individual may designate an individual to remain in the hearing room, even though the individual may be a witness.
(4) An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.18 - Expert Testimony

Current through Register Vol. 51, No. 14, July 12, 2024
Expert testimony may be accepted by the Secretary or the Commission, as appropriate, if the testimony, as proffered, would aid in an understanding of the case.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.19 - Appointment of Interpreter

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the Secretary or the Commission, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.
B. An interpreter shall take an oath or affirmation that the interpreter will accurately translate.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.20 - Failure to Attend Hearing and Default

Current through Register Vol. 51, No. 14, July 12, 2024
A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other proceeding scheduled by the Secretary or the Commission, as appropriate, the Secretary or the Commission may issue a proposed decision or a final decision, as appropriate, against the defaulting party.
B. Within 7 calendar days after service of a default order, the party may file a written motion requesting that the default order be vacated or modified, and stating the grounds for the request.
C. If the Secretary or the Commission, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the Secretary or the Commission may vacate the default order.
D. A final default order is a final decision and is reviewable as such.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.21 - Proceedings Open to the Public

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise prohibited by federal or State law, all proceedings before the Secretary or the Commission are open to the public.
B. Unless otherwise provided by federal or State law, documents, notices, and records in the possession of the Secretary or the Commission as a result of a contested case proceeding may be inspected and copied as provided in State Government Article, Title 10, Subtitle 6, Part III, Annotated Code of Maryland, and COMAR 13B.04.03.
C. The Secretary or the Commission may:
(1) Remove individuals whose conduct impedes the orderly progress of the hearing; and
(2) Restrict attendance because of the physical limitations of the hearing facility.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.22 - Burdens of Going Forward and Persuasion

Current through Register Vol. 51, No. 14, July 12, 2024
A. When, by specific statute or regulation, the burden of going forward or the burden of persuasion rests upon a certain party, this regulation does not shift those burdens.
B. Except as provided in §A of this regulation:
(1) The party requesting a hearing following notice of the Secretary's or Commission's intent to deny or refuse to renew a permit, certification, or license bears the burden of going forward to establish a prima facie case of entitlement to the permit, certification, or license, and the burden of persuasion that the permit, certification, or license should be issued;
(2) In a proceeding following notice by the Secretary or the Commission of an intent to revoke or suspend a permit, certification, or license, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to the existence of grounds for revocation or suspension, and the burden of persuasion that the permit, certification, or license should be revoked or suspended; and
(3) In a proceeding to issue an order or levy sanctions, the Secretary or the Commission, as appropriate, bears the burden of going forward to establish a prima facie case as to existence of grounds for issuance of an order or sanctions, and the burden of persuasion that the order be issued or sanctions be levied.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.23 - The Record

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Commission, as appropriate, shall prepare an official record of each hearing.
B. The record shall consist of:
(1) Any document giving rise to the proceeding;
(2) Any request for the hearing;
(3) Notices of all proceedings;
(4) Any prehearing order;
(5) Motions, pleadings, briefs, petitions, requests, and intermediate rulings;
(6) Evidence received or considered;
(7) A statement of each fact officially noticed;
(8) Proffers of proof, objections, and rulings on them;
(9) Proposed and final findings of fact, conclusions of law, and requested orders;
(10) Matters placed on the record after an ex parte communication;
(11) A recording of the hearing, any transcript of the recording, or any transcript prepared by a court reporting service; and
(12) Any order.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.24 - Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise required by law, service of the following documents shall be made by personal delivery or by mail:
(1) Notices of the hearing;
(2) Default orders;
(3) Prehearing orders;
(4) Final decisions; and
(5) Exceptions to proposed decisions and appeals of final decisions.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.25 - Delegation of Hearing Authority

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Secretary or the Commission, as appropriate, may delegate all or part of the authority to hear a contested case to the Office of Administrative Hearings.
B. Authority to Revoke Delegation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation of authority to hear a contested case.
C. Criteria for Revocation. The Secretary or the Commission, as appropriate, may revoke all or part of a delegation to the Office of Administrative Hearings if the case may:
(1) Involve novel or unanticipated factual or legal issues;
(2) Have significant social or fiscal consequences;
(3) Involve policy issues of general applicability; or
(4) Be likely to have precedential value.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.26 - Ex Parte Communications

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party or a party's representative may not communicate ex parte with the Secretary or members of the Commission, whichever is presiding at the hearing, regarding the merits of any issue in the hearing.
B. The Secretary or the members of the Commission may communicate with members of an advisory staff or the Commission, or with any counsel for the Secretary or the Commission who otherwise does not participate in the contested case.
C. Actions taken by the Secretary or the Commission, as appropriate, following an ex parte communication shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.27 - Transcripts, Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hearing shall be recorded by tape recording, stenographic notes, or other means, and shall be transcribed as soon as possible after the hearing.
B. A party other than the Secretary or the Commission taking exceptions or appealing a proposed decision shall request a transcript if one has not been prepared.
C. Transcript. If a party requests a transcript of the hearing, the requesting party shall bear the cost of transcription.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.28 - Proposed Decision and Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Proposed Decision. A proposed decision shall contain:
(1) Findings of fact and conclusions of law, separately stated;
(2) A proposed order; and
(3) A statement of the right to file written exceptions to the proposed decision in accordance with this regulation.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.29 - Final Decision

Current through Register Vol. 51, No. 14, July 12, 2024
A. After hearing oral argument and considering the record, the Secretary or the Commission by majority vote of those present, as appropriate, shall:
(1) Adopt the proposed decision as the final decision of the agency;
(2) Modify the proposed findings of fact, proposed conclusions of law, or proposed order, in whole or in part, and then adopt the modified proposed decision as the final decision of the agency;
(3) Reverse the proposed decision and issue its own findings of fact, conclusions of law, or order; or
(4) Remand the matter for further proceedings.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.01 - Hearings › Section 13B.04.01.30 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A party who is aggrieved by a final decision is entitled to judicial review in accordance with Education Article, Title 11, Subtitle 2, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. The Secretary or the Commission, as appropriate, shall be a party to the proceeding. The final decision shall be presumed correct and the aggrieved party shall have the burden of proving otherwise.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.02 - Open Sessions › Section 13B.04.02.01 - 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) "Commission" includes the Maryland Higher Education Commission, its advisory councils, its committees, and any other public bodies under the authority and acting on behalf of the Maryland Higher Education Commission.
(2) "Open session" means a meeting of the Commission that is required to be open to the public pursuant to the Open Meetings Act, State Government Article, Title 10, Subtitle 5, Annotated Code of Maryland.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.02 - Open Sessions › Section 13B.04.02.02 - Public Attendance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The general public is invited to attend and observe any open sessions of the Commission.
B. A member of the public attending an open session may not participate in the session except when the presiding officer expressly invites public testimony, questions, comments, or other forms of public participation.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.02 - Open Sessions › Section 13B.04.02.03 - Disruptive Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. An individual attending an open session may not engage in any conduct, including but not limited to visual demonstrations such as the display of placards, signs, or banners, that disrupts the session or interferes with the right of members of the public to attend and observe the session.
B. Authority of the Presiding Officer.
(1) The presiding officer may order an individual who violates § A of this regulation, or who violates any other regulation or resolution concerning the conduct of the open session, to be removed from the session, and may request police assistance to restore order.
(2) The presiding officer may recess the session while order is restored.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.02 - Open Sessions › Section 13B.04.02.04 - Recording, Photographing, and Broadcasting of Open Sessions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A member of the public, including a representative of the news media, may:
(1) Record the discussions at an open session using a tape recorder or other recording device if the device used does not create excessive noise that disturbs the open session or other individuals attending the session;
(2) Photograph or videotape the proceedings of an open session using any type of camera if the camera is operated without excessively bright artificial light or excessive noise that disturbs the open session or other individuals attending the session.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.02 - Open Sessions › Section 13B.04.02.05 - Recordings Not Part of Record

Current through Register Vol. 51, No. 14, July 12, 2024
A recording of an open session made by a member of the public, including a representative of the news media, or any transcript derived from a recording, is not a part of the record of the open session.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.03 - Access to Public Records › Section 13B.04.03.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations set forth procedures for the disclosure, inspection, or copying of records maintained by the Maryland Higher Education Commission. It is the policy of the Maryland Higher Education Commission to facilitate public access to the Commission's records when access is allowed by law.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.03 - Access to Public Records › Section 13B.04.03.03 - Requests to Inspect or Copy Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person or governmental unit may request access to inspect or copy public records of the Commission.
B. A requester shall direct the request to the custodian. If the custodian is not known, the requester may direct the request to the official custodian.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.03 - Access to Public Records › Section 13B.04.03.04 - Necessity for Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A. The custodian may make public records available for inspection or copying, or both, to a requester without a written request.
B. Written requests are required when the custodian reasonably believes that:
(1) A written application will facilitate the Commission in responding to the request; or
(2) The Act or any other law may prohibit disclosure of the public record or parts of it.
Code of Maryland Regulations › Title 13B - MARYLAND HIGHER EDUCATION COMMISSION › Subtitle 04 - RULES OF PROCEDURE › Chapter 13B.04.03 - Access to Public Records › Section 13B.04.03.05 - Contents of Written Request

Current through Register Vol. 51, No. 14, July 12, 2024
A written request shall:
A. Contain the requester's name and address;
B. Reasonably identify the public record sought; and
C. Be signed by the requester.