Maryland Administrative Code

.08 Filing of Pleadings and Papers. After service on a respondent of notice issued pursuant to Regulation .06 of this chapter, a party shall file pleadings and papers with: A. The Agency, if the hearing is before the Chief; or B. The Office, if the hearing authority is delegated …

.09 Service of Pleadings and Papers After Notice. A. A party shall serve pleadings and papers filed after notice issued pursuant to Regulation .06 of this chapter: (1) Upon each party's attorney; or (2) Upon the party if a party is not represented by counsel. B. A party shall mak…

.10 Notice to Public. A. The Division shall prepare and send to at least six newspapers of general circulation in Maryland notice of every cease and desist action filed. B. The Division shall include in the notice: (1) A summary of the allegations; (2) The date and time the case …

.11 Discovery. A. In hearings before the Chief, the parties are entitled to the following discovery: (1) 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 fil…

.12 Hearing Subpoenas. A. Issuance of Hearing Subpoenas. On the request of a party in hearings before the Chief, or at the direction of the Chief, the Agency may issue subpoenas requiring the attendance and testimony of witnesses and the production at the hearing of any tangible …

.13 Prehearing Conferences. A. Hearings Before the Chief. (1) In hearings before the Chief, any prehearing conferences shall be conducted as provided in §A(2)—(7) of this regulation. (2) If appropriate, the Agency may hold a prehearing conference to resolve matters preliminary to…

.14 Conduct of Hearing. A. Hearings Before the Chief. (1) In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply. (2) Each party is entitled, on a genuine issue in a contested case, to: (a) Call witnesses; (b) Offer evidence; and (c) Cross-examine …

.15 Powers and Duties of the Individual Conducting Hearing. A. Duties of the Chief. In hearings before the Chief, the Chief shall: (1) Conduct a full, fair, and impartial hearing; (2) Take action to avoid unnecessary delay in the disposition of the proceeding; and (3) Maintain or…

.16 Evidence. Evidence is admissible in accordance with State Government Article, §10-213, Annotated Code of Maryland, and other pertinent law.

.17 Failure to Attend or Participate in a Hearing, Conference or Proceeding; Default. A. Hearings Before the Chief. (1) In hearings before the Chief, the provisions of §A(2)—(4) of this regulation apply. (2) After receiving proper notice, if a party fails to file a response or fa…

.18 Motions. A. Hearings Before the Chief. (1) In hearings before the Chief, the provisions of §A(2—(7) of this regulation apply. (2) A party may move for appropriate relief by submitting a motion either: (a) In writing; or (b) Orally at the hearing. (3) Content of Motions. In th…

.19 Representation. A. In hearings before the Chief: (1) An individual may represent himself or herself; or (2) A party may be represented by an attorney authorized to practice law in Maryland or, if authorized by law, appear through a representative who is not an attorney. B. CO…

.20 Recording. A. Proceedings shall be recorded by: (1) A stenographer; (2) A court reporting service; or (3) Electronic recording. B. Transcription. (1) Judicial Review of a Final Order. If a recorded proceeding has not been transcribed by a court reporting service before the fi…

.21 Exceptions and Responses. A. Filing Exceptions. A party shall file any exceptions to the proposed findings, conclusions, or orders of the Office or other designated person: (1) In writing; (2) With the Agency; and (3) Within 30 days of the date the proposed findings, conclusi…

.22 Proposed and Final Orders. A. After proposed findings of fact and conclusions of law have been issued, any party may file a proposed order with the Agency. B. If the Agency finds that a respondent has violated the Consumer Protection Act, Commercial Law Article, Title 13, Ann…

.23 Modifications of Final Decisions. A. On motion of any party filed at any time, the Chief may modify a final decision to correct a mistake, irregularity or fraud in the same manner that the courts may exercise revisory power under Maryland Rule 2-535(b). B. On the initiative o…

.24 Notifications. A. A party shall notify the Agency and all parties in writing of any change of address or telephone number within 30 days of the change. B. If no change is provided, the Agency and all parties may rely on the last known address or telephone number.

.01 General. These regulations are promulgated pursuant to State Government Article, §10-122, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Division of Consumer Protection for substantive adoption of regulations.

.02 Petition. Any person may request that the Consumer Protection Division, Office of the Attorney General, promulgate regulations related to any matter over which the Division has jurisdiction. The request shall be made by petition and shall state clearly and concisely the follo…

.03 Referral to Consumer Council. The petition shall be referred to the Consumer Protection Commission so the Division can receive the Council's advice.

.04 Disposition of Petition. A. Within 60 days of receipt of the petition, the Division shall determine whether sufficient cause exists to warrant the holding of a regulation adoption proceeding. B. If the petition does not warrant the holding of a regulation adoption proceeding,…

.05 Procedure for Adoption of Regulations. If a determination is made that the petition is sufficient to warrant further regulation adoption proceedings, the Division shall comply with the procedures in Commercial Law Article, §13-205, Annotated Code of Maryland.

.01 General. These regulations are promulgated pursuant to the Commercial Law Article, §13-205, Annotated Code of Maryland. The provisions of the Commercial Law Article, §13-301(9), Annotated Code of Maryland, declare it to be an unfair or deceptive trade practice to knowingly co…

.02 Findings and Purpose. A. Findings. The Division of Consumer Protection of the Office of the Attorney General and the Consumer Council find that the refund and exchange policies of merchants, when left unstated, place the consumer at a disadvantage, particularly with merchants…

.03 Definitions. A. The definitions of “consumer”, “consumer goods”, and “merchant” are, for the purposes of these regulations, the same definitions as are contained in Commercial Law Article, §13-101, Annotated Code of Maryland. B. “Retail sale” means the sale of goods for the u…

.04 Unfair and Deceptive Trade Practices. It shall be an unfair or deceptive trade practice prohibited by Commercial Law Article, §13-303, Annotated Code of Maryland, for a merchant in any retail sale to fail to disclose to all customers in writing, either on the sales form, by a…

.05 Exemptions. The provisions of Regulation .04 do not apply to the sale of: A. Food, perishable goods, goods which are custom made, or which are custom-altered at the request of the consumer; or B. Goods which cannot be resold by the merchant because of any valid law or regulat…

.01 Scope of the Arbitration Program. A. General. Arbitration is a process by which disputes between parties are resolved outside of the court system by an impartial individual after hearing pertinent evidence and argument. Arbitration in Maryland is governed by the Maryland Unif…

.02 Cost. There will be no cost to either party for an arbitration conducted under these regulations except for transcripts ordered by a party.

.03 Pool of Volunteer Arbitrators. A. Maintenance of Pool. The Arbitration Administrator may maintain a pool of volunteer arbitrators who will be selected to hear arbitrations that are not conducted by the Chief Arbitrator. A pool shall represent, to the extent feasible, a broad …

.04 Participation in Arbitration Program. A. Precommitment Agreements. A person who conducts business in the State may agree, on a form prescribed by the Division, to submit to arbitration all, or any class of, disputes that may arise in the future between that merchant and a con…

.05 Appointment of Arbitrator. A. Persons Eligible. The Chief Arbitrator may appoint himself/herself to preside over arbitration or may appoint an arbitrator from any pool maintained by the Arbitration Administrator. In making the appointment, the Chief Arbitrator will consider t…

.06 Scheduling of Arbitration Hearing. A. Location and Time. Arbitrations shall be set by the Arbitration Administrator, to the extent feasible, at a time and location convenient to all parties. Arbitrations may be conducted at the complainant's home or the merchant's place of bu…

.07 Conduct of the Arbitration Hearing. A. Representation. Parties to an arbitration may present their own cases or have someone represent them. Representation by an attorney is permitted but is not required. B. Presence at the Arbitration. Only the parties, witnesses, counsel, a…

.08 Ex Parte Communications. A. There shall be no direct communication between the parties to an arbitration and the arbitrator concerning the merits of the dispute other than at the arbitration hearing. Other communications, such as those concerning scheduling or other procedura…

.09 Transcript of Hearing. A. Record. Unless requested by a party, a verbatim record may not be made of the arbitration hearing, although the arbitrator will take notes of the testimony and place documentary evidence in an arbitration file. B. Transcription. A party may request i…

.10 The Arbitration Award. A. Discretion of Arbitrator. The award in an arbitration rests solely in the discretion of the arbitrator and may not be changed by any person within the Office of the Attorney General except for a modification by the arbitrator when allowed by the Mary…

.11 Interpretation of Regulations. These regulations are to be interpreted broadly to accomplish their purpose, and to promote the rendering of just, impartial, and timely arbitration decisions.

.01 General. These regulations are promulgated pursuant to Commercial Law Article, §13-205, Annotated Code of Maryland, Subtitle, “Division of Consumer Protection; Consumer Council”. They shall apply to Chapter 362 of the Acts of 1977, which defines as an unfair or deceptive trad…

.02 Findings. A. The Consumer Protection Division of the office of the Attorney General and the Consumer Council find that Chapter 362 was enacted because of concern by the General Assembly regarding the practices of invention development services and, more particularly, because …

.03 Definitions. A. “Business day” means any calendar day except Sunday or the following business holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving Day, and Christmas Day, all as celebrated by the…

.04 Contracts to be in Writing, Provided in Advance, and Contain Provision for Cancellation. A. Every contract for invention development services shall be in writing, and a completed copy shall be given to the customer in accordance with the provisions of these regulations. B. No…

.05 Contract Cover Sheet. A. Every contract for invention development services shall have a conspicuous and legible cover sheet with the following notice and required disclosures imprinted on it in boldface type of a minimum size of 10 points: NOTICE This contract between you and…

.06 Mandatory Contract Provisions. Every contract for invention development services shall set forth, in conspicuous and legible type, all of the following information: A. The terms and conditions of payment, which shall be consistent with the requirements of these regulations. B…

.07 Reports Required. A. With respect to every contract for invention development services, the invention developer shall deliver written reports to the customer at the address specified in the contract, at quarterly intervals commencing not later than 3 months after the date of …

.08 Cancellation Notice. A. Attached to the contract as a part thereof, there shall be a Notice of Cancellation, provided in duplicate and in easily detachable form, in not less than 10-point boldface type, which reads as follows: Notice of Cancellation (Date of contract) You may…

.09 Remedies. A. The customer may cancel any contract for invention development services by mailing or delivering a signed and dated copy of the notice of cancellation, or any other notice to the same effect, to the invention developer at the address provided for the invention de…

.10 Effective Date of Regulations. These regulations shall be effective 30 days after notice of final action is published in the Maryland Register.

.01 Purpose and Scope. A. The purpose of this chapter is to provide disclosure statements for persons who represent to the public that food that is sold or served is kosher, kosher for Passover, or under rabbinical or other kosher supervision. B. This chapter sets forth the discl…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Division” means the Division of Consumer Protection of the Office of the Attorney General. (2) Packaged Food. (a) “Packaged food” means food packaged in advance of sale by…