Maryland Administrative Code

.05 Proceedings. A. Except as provided in this regulation, the ALJ shall conduct an evidentiary hearing under the Administrative Procedure Act and COMAR 28.02.01. B. A motion to dismiss or any other dispositive motion may not be granted by the ALJ without the concurrence of all p…

.06 Revocation of the Delegation of Authority. A. For a reason specified in §B of this regulation, an administrative unit or the Department may revoke, in whole or in part, the delegation of authority to the Office of Administrative Hearings to hear a contested case at any time b…

.07 Withdrawal of a Case. A. At any stage of the proceedings, upon the agreement of the parties, the case may be withdrawn from the Office of Administrative Hearings docket for settlement purposes. B. Withdrawal of the case from the Office of Administrative Hearings docket may no…

.08 Proposed Decisions and Orders. A. Upon completion of the hearing, the ALJ shall submit a proposed decision to the administrative unit. B. The Office of Administrative Hearings may not distribute the proposed decision to the parties or to the public unless the delegation of au…

.09 Exceptions to the Proposed Order. A. Filing Exceptions. (1) A party adversely affected by a proposed order shall have 20 days from the postmark date of the proposed order to file exceptions with the administrative unit. (2) The date of filing exceptions with the administrativ…

.10 Final Order. A. The administrative unit shall issue its final order within 90 days after the date of the hearing on exceptions. B. The administrative unit may affirm, reverse, or modify the proposed order, or may remand the matter with specific instructions to the Office of A…

.01 General. A. These regulations set out procedures for filing requests with the Maryland Department of Labor (the Department) for the inspection and copying of records under the Public Information Act, General Provisions Article, Title 4, Annotated Code of Maryland. B. It is th…

.02 Definitions. A. Unless otherwise noted, the definitions set forth in General Provisions Article, Title 4, Annotated Code of Maryland, apply in this chapter. B. “Custodian” means the Secretary of the Department or the Secretary’s designee employed by the Department who has per…

.03 Who May Request. Any person may request to inspect or copy public records of the Department.

.04 Request to Inspect a Public Record. A. Necessity for Written Request. Except as otherwise provided in General Provisions Article, Title 4, Annotated Code of Maryland, the custodian shall require a written request via regular or electronic means from a person or governmental u…

.05 Response to Written Request. A. Decision to Grant a Request. (1) If the custodian decides to grant a written request for inspection, the custodian shall be responsible for producing the public record for inspection immediately or within a reasonable period, not to exceed 30 d…

.06 Electronic Records. 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;…

.07 Public Records Destroyed or Lost. If the custodian is aware that a requested public record of the Department has been destroyed or lost, the custodian shall within a reasonable time notify the applicant that the public record is not available and explain the reasons why the p…

.08 Review of the Denial. A. If the custodian denies a request to inspect or copy a public record of the Department, the applicant may file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set f…

.09 Disclosure Against Public Interest. A. Denial Pending Court Order. (1) If, in the opinion of the Secretary, disclosure of any public record that is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporari…

.10 Time and Place of Inspection. A. An applicant may inspect any public record that the applicant is entitled to inspect during the normal working hours of the Department. B. The place of inspection shall be the place where the public record is located, unless the custodian, aft…

.11 Inspection of Occupational and Professional Licensing Data for Compelling Public Purpose. A. A compelling public purpose shall be deemed to exist under General Provisions Article, §4-333, Annotated Code of Maryland, and the custodian of occupational and professional licensing…

.12 Fees. A. The fee schedule for copying and certifying copies of records is as follows: (1) Copies. (a) The fee for each copy made is 25 cents per page if reproduction is made by a standard printer or photocopying or scanning machine within the Department; (b) The fee for each …

.13 Sociological Information. A. Definition. For purposes of this regulation and as provided for under General Provisions Article, §4-330, Annotated Code of Maryland, “sociological information” means any of the following information requested from the Department: (1) Social Secur…

.14 Fees. A. The fee schedule for copying and certifying copies of records is as follows: (1) Copies. The fee for each copy is 25 cents per page if reproduction is made by a photocopying machine within the Department. If records are not susceptible to photocopying (for example, p…

.15 Time of Inspection. An applicant may inspect any public record that he is entitled to inspect during the normal working hours of the Department.

.16 Place of Inspection. The place of inspection shall be the place where the document is located unless the custodian, after taking into account the applicant's expressed wish, determines that another place of inspection is more suitable and convenient.

.17 Sociological Information. A. Definition. For purposes of this regulation, “sociological information” means any of the following information requested from the Department: (1) Social Security number; (2) Personal address; (3) Personal phone number; (4) Information regarding ma…

.01 Purpose. The purpose of these regulations is to enable any interested person to request promulgation of regulations affecting matters under the authority of the Secretary or any constituent officer, commission, or agency, or to request amendment or repeal of any existing regu…

.02 Form of Petition. The petition shall be submitted in writing to the Secretary, 501 St. Paul Place, Baltimore, Maryland 21202 or to the principal office of the officer, commission, or agency to whom the petition is directed.

.03 Content of Petition—Proposed Regulations. Any request for promulgation of new regulations submitted under these regulations shall include the proposed regulations and the reasons for and effect of the regulations, if adopted.

.04 Content of Petition—Repeal or Amendment. Any request for amendment or repeal submitted under these regulations shall state what regulation the petitioner requests to be amended or repealed and the reasons for an effect of this request.

.05 Review. The Secretary or the officer, commission, or agency to whom the petition is addressed, within 60 days after the petition is submitted, shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings. The petitioner sh…

.01 General. These regulations set out procedures for persons in interest to request the correction or amendment of personal records under State Government Article, §10-625, Annotated Code of Maryland, in the Maryland Department of Labor.

.02 Who May Request. A “person in interest” as defined in State Government Article, §10-611(e), Annotated Code of Maryland, may request the Department to correct or amend any personal records pursuant to State Government Article, §10-625, Annotated Code of Maryland.

.03 Contents of Request. The person in interest shall request the correction or amendment in writing. Each request shall: A. Identify the personal records the person is seeking to correct or amend; B. State the precise correction or amendment requested; C. State the reason the co…

.04 Filing the Request. A request for correction or amendment of the records shall be filed with the Department by addressing it to the custodian of the record. If the custodian is unknown to the person in interest, the request may be addressed to the Secretary.

.05 Return of Request. A request for correction or amendment will be considered filed with the Department when received only to the extent that it reasonably complies with Regulation .03. If a request does not reasonably comply with Regulation .03, it shall be returned to the per…

.06 Response to Request. Within 30 days after the completed request for correction or amendment that complies with Regulations .03 and .04 is received, the custodian of the record shall: A. Make the requested correction or amendment and inform the person of the action; or B. Info…

.07 Refusal of Request. If the Department's final determination under Regulation .06 is to refuse the requested correction or amendment, as authorized by Regulation .06B, the person in interest may file with the Department a concise statement of the reasons for: A. The requested …

.08 Requirements for Statement of Disagreement. The statement specified in Regulation .07 shall be filed on pages not exceeding 8 x 11 inches in size. Only one side of the page shall contain the statement. More than five pages may not be accepted by the Department in connection w…

.09 Information Provided to Third Parties. When the Department discloses to a third party information from personal records about which a statement in compliance with Regulations .07 and .08 has been filed, the Department shall furnish a copy of the statement to the third party.

.10 Administrative Review. A. A person may request an administrative review within the Department, by filing a request for review with the Secretary, if the person has been denied: (1) An amendment or correction of a record; (2) The right to file a statement; or (3) The right to …

.01 Schedule of Fees. A. Original License—Individual--------------------- $1,000 B. Original License—Corporation/Partnership---- $1,000 C. Renewal License—Individual--------------------- $1,000 D. Renewal License—Corporation/Partnership-----$1,000

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) Currency. (a) “Currency” means currency and coin of the United States or any other country including United States silver certificates, United States notes, and Federal Res…

.02 Reporting by Persons Engaging in a Trade or Business. A. Each person engaged in a trade or business who receives more than $10,000 in currency in one transaction, which takes place in this State, shall keep a record of each transaction. Individuals shall keep a record of only…

.03 Availability of Reports. A. The Secretary shall make available to the Office of the Attorney General and the Department of Public Safety and Correctional Services a copy of each Form 8300 filed with the Secretary, on at least a monthly basis. B. The Secretary shall make avail…

.04 Failure to Report. A. After notice and opportunity for a hearing, as provided in State Government Article, Title 10, the Secretary may assess a civil penalty not to exceed $50 for each day that the Form 8300 is in arrears. B. For the purpose of determining the civil penalty, …

.01 Disclosure by Builders Not Participating in New Home Warranty Security Plan. A. The disclosure shall be printed in at least 12-point type. B. The disclosure shall read as follows: Maryland law requires a builder who does not participate in a new home warranty security plan to…

.02 Disclosure Required by Builders Participating in New Home Warranty Security Plan. A. The disclosure shall be printed in at least 12-point type. B. The disclosure shall read as follows: Maryland law requires a builder who participates in a new home warranty security plan to ma…

.03 Disclosure Required by Builder Leaving Decision to Participate in New Home Warranty Security Plan to the Buyer. A. The disclosure shall be printed in at least 12-point type. B. The disclosure shall read as follows: Maryland law allows a builder who participates in a new home …

.04 Notification Required to be Given to Buyer on Warranty Date. A. On the warranty date, if a builder participates in a New Home Warranty Security Plan or if a buyer has elected to have the builder participate in a plan, the builder shall provide the owner with evidence that the…

.05 Notice to Buyer Required by Builders Participating in New Home Warranty Security Plan or Electing to Allow Buyer the Option of Participating in New Home Warranty Security Plan. A. The notice shall be printed in at least 12-point type. B. The notice shall be incorporated into …

.06 Financial Security Requirements for New Home Warranty Security Plan. A. Approval of a new home warranty security plan shall continue only if the operator of the plan remains financially able to pay all valid claims. B. The operator shall demonstrate financial responsibility f…

.07 Registration and Effective Date of New Home Warranty Security Plan. A. If a contract for sale or construction of a new home between a buyer and a builder who participates in a new home warranty security plan provides, either by its terms or by virtue of an option exercised by…