Maryland Administrative Code

.04 The Record. The record in each case shall include: A. The items listed in COMAR 28.02.01.22B; and B. In the case of a proposed decision: (1) Any exceptions filed by any party; (2) The response to those exceptions; (3) The final decision; and (4) Any correspondence relating to…

.05 Notice of the Right to a Hearing. The Department shall provide the notices of agency action and of the right to a hearing required by law. The notices shall contain the information required by State Government Article, §§10-207 and 10-208, Annotated Code of Maryland. Cross Re…

.06 Request for Hearing. A. A person, either directly or through a representative, may request a hearing by mailing or delivering a written request via U.S. mail, facsimile, or electronic mail to the individual and unit of the Department specified in the notice B. The request sha…

.07 Delegation. A. Contested cases that are authorized by statute to be conducted by the Secretary or the Department shall be conducted by: (1) OAH in accordance with a letter of delegation from the Secretary; or (2) Such other person as authorized by law. B. In all cases delegat…

.08 Service. When the Department is required to make service, service may be made in any manner reasonably calculated to provide the required notice to the intended recipient. Service upon a party who has applied for a permit, license, or certificate or to whom a permit or licens…

.09 Certificates of Service. Whenever a party is required by this chapter to serve a copy of a pleading or memorandum upon another party, a certificate shall be appended to the pleading or memorandum stating: A. To whom the copy was sent; B. The address to which the copy was sent…

.10 Continuances. A. On motion or on the Secretary’s own initiative, an exceptions hearing may be continued by the Secretary as justice may require. B. Requests for postponement shall be confirmed in writing, and the written request shall: (1) Set forth the reason for the request…

.11 Time Periods. For good cause, either the Secretary or the ALJ may shorten, extend, or waive any time periods provided in this chapter.

.12 Appointment of Interpreter. A. If a party cannot readily hear, speak, or understand the spoken English language, the Secretary may appoint a qualified interpreter to provide assistance during an exceptions hearing. B. Costs of an interpreter may be charged to the party on who…

.13 Appearance of Parties at Hearings; Representation. A. A party to a proceeding may be represented by an attorney, or, if allowed by law, appear in person or through another representative. B. Except as otherwise provided by law, a person other than an individual shall be repre…

.14 Discovery. A. Discovery on Request. By written request filed with OAH and served on other parties at least twenty days before the scheduled hearing, a party may require another party to produce, within 15 calendar days: (1) A list of witnesses to be called; (2) Copies of docu…

.15 Open Hearings. A. Unless otherwise provided by law, documents, notices, and records in the possession of the Secretary as a result of these contested case proceedings may be inspected by any person as provided in State Government Article, §10-611 et seq., Annotated Code of Ma…

.16 Burden of Going Forward and Persuasion. 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) A party re…

.17 Final Decision. A. The Secretary is not bound by the ALJ’s proposed decision even in those cases where no exceptions are filed. B. If no exceptions have been filed and, after reviewing an ALJ’s proposed decision, the Secretary concludes that the Secretary is unable to approve…

.18 Exceptions; Requests for Oral Argument. A. Exceptions to an ALJ’s proposed decision shall be filed with the Secretary within 21 days after the ALJ’s proposed decision is received. Receipt is presumed to occur 3 days after mailing. B. Exceptions shall be in writing and contain…

.19 Stays. A. Except as prohibited by law, a party that is adversely affected by a final order may request a stay of the order from the Secretary pending judicial review. B. A request for a stay shall be filed with the Secretary within 10 days of the date of the final order from …

.20 Judicial Review. Unless otherwise agreed between the parties, a party may not file a petition for the judicial review of a decision of the Secretary unless the party has filed exceptions with the Secretary to the proposed decision and the Secretary has rendered a final decisi…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administrative law judge” means an individual appointed by the Chief Administrative Law Judge under State Government Article, §9-1604, Annotated Code of Maryland, or desig…

.02 Opportunity for a Fair Hearing. A. An opportunity for a fair hearing shall be granted if: (1) A Program applicant claims their application for Program eligibility is denied; (2) A Program applicant claims that the determination of eligibility received through Maryland Health …

.03 Notification of Right to Request a Fair Hearing. A. The Program, delegate agency, or MCO shall notify an individual and his or her authorized representative, if previously designated by the individual or recognized as valid by the Program, in writing: (1) Of the right to obta…

.04 Request for Fair Hearing. A. Statement of Request. (1) Any individual, either himself or through an authorized representative, may request a fair hearing by giving a clear statement, oral, electronic, or written, to any member of the Department or delegate agency, that the in…

.05 Pre-Hearing Procedures. A. A hearing summary shall be prepared containing pertinent information detailing the specific action that is the basis for the appeal. The summary shall be forwarded to the appellant or the appellant’s authorized representative and to the Office of Ad…

.06 Hearing Procedures. A. The appellant, the Program, the MCO, and the delegate agency shall have the opportunity to: (1) Present witnesses; (2) Present documentary evidence; (3) Present oral and written argument without undue interference; (4) Establish all facts and circumstan…

.07 The Record. A. A verbatim recording of the fair hearing shall be made. Nonrecorded or confidential information, which the appellant does not have an opportunity to hear or see, may not be made a part of the hearing record. One transcribed copy of the recording shall be suppli…

.08 Findings, Timing of Decision, and Effect of Decision. A. Findings. (1) The administrative law judge shall: (a) Prepare a written summary of findings and conclusions based exclusively on the record; and (b) Make a decision based on his findings and conclusions. (2) The summary…

.09 Confidentiality. A. If the appellant waives in writing his privilege of confidentiality as to the fair hearing, the administrative law judge shall permit members of the public to attend the hearing. B. The administrative law judge may cause the removal of any member of the pu…

.10 Benefits During Appeals Process. A. Benefits Pending Outcome of the Hearing. (1) The Program may terminate or reduce services effective as of the date specified in the notice if the Program timely mails the notice as required under Regulation .03 of this chapter and: (a) The …

.11 Applicability of Regulations. If a conflict exists between this chapter and the Rules of Procedure of the Office of Administrative Hearings in COMAR 28.02.01, this chapter shall govern.

.12 Authorized Representatives. A. Definitions. (1) “Authorized representative” means an individual or organization acting responsibly on behalf of the applicant or recipient in accordance with §§B, C, D, and E of this regulation, in assisting with an applicant or recipient’s app…

.01 Definitions. A. “Appellant” means an individual, an applicant agency, a food vendor, or delegate agency who desires to participate in the WIC Program, who requests a fair hearing for the reasons specified in Regulation .02, of this chapter. B. “Applicant agency” means a publi…

.02 Opportunity for a Fair Hearing. A request for a fair hearing shall be granted in the following cases: A. An individual's application for participation in the WIC Program is denied by the Department or delegate agency; B. An eligible participant is required to pay the cash val…

.03 Notification of Right to Request a Fair Hearing. A. Written notification of the right to obtain a fair hearing shall be given by the Department or delegate agency to each appellant at each time of application. B. Written notification of the right to obtain a fair hearing, and…

.04 Request for Fair Hearing. An appellant, either himself or through a representative, may request a fair hearing by giving a clear statement, oral or written, to any member of the State WIC Staff or delegate agency, that he desires an opportunity to present for review any matte…

.05 Acknowledgement of Request. A. The Department shall promptly acknowledge a request for a fair hearing and conduct it within 3 weeks from the date the Department received the request for a hearing. B. The appellant shall be given notice, in writing, at least 10 days before the…

.06 Redesignation of Time and Place for Hearing. If a party notifies the Department that either the time or place designated by the Department is not convenient and requests a different time or place for the fair hearing, the hearing officer shall designate another time or place …

.07 Period of Time for Requesting Hearing. A request for a fair hearing may not be granted unless it is made within 60 days from the date the notification specified in Regulation .03, of this chapter, is mailed or given to the appellant, or when Regulation .03, of this chapter, d…

.08 Dismissal of Request for Hearing. The Department may dismiss a request for a fair hearing if: A. It has been withdrawn in writing by the appellant or his representative; B. The appellant or his representative fails, without good cause, to appear at the scheduled hearing; C. T…

.09 Pre-Hearing Procedures. A. The Department shall prepare a hearing summary containing pertinent information respecting the specific action or inaction which is the basis for the appeal. The summary shall be forwarded to the appellant or his representative at least 6 days befor…

.10 Hearing Procedures. A. The fair hearing procedures may not be unduly complex or legalistic. The hearing official shall administer oaths or affirmations as required by the State. The appellant, the Department, and the delegate agency shall have the opportunity to present witne…

.11 The Record. A. A verbatim recording of the fair hearing shall be made. One transcribed copy of the recording shall be supplied to the appellant, at no cost, if the appellant takes a further appeal. The recording, together with all exhibits and papers admitted into evidence, s…

.12 Findings, Conclusions, and Decision. A. The hearing officer shall prepare a written summary of findings and conclusions based exclusively on the record, and shall state the policies, regulations, or laws upon which the hearing officer's decision is based. The hearing officer'…

.13 Confidentiality as to Fair Hearings. If the appellant waives in writing his privilege of confidentiality as to the fair hearings, the hearing officer shall permit members of the public to attend the hearing; however, the hearing officer may cause the removal of any member of …

.14 Continuation of Benefits or Participation Pending Hearing Decision. A. Whenever an individual, applicant agency, delegate agency, or food vendor is notified of a proposed action as provided in Regulation .03, of this chapter, the proposed action may not be taken unless at lea…

.15 Criminal or Civil Sanctions. This fair hearing procedure may not be construed as excluding or replacing any criminal or civil sanctions or other remedies that may be applicable under any federal or State statute or local ordinance.

.01 Scope. This chapter applies to all petitions submitted to the Department to promulgate, amend, or repeal a regulation over which the Secretary has rulemaking authority in accordance with State Government Article, §10-122, Annotated Code of Maryland..

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Maryland Department of Health. (2) “Petition” means a petition to promulgate, amend, or repeal a regulation. (3) “Petitioner” means an interested per…

.03 Who May File. Any interested person may file a petition requesting the promulgation, amendment, or repeal of any regulation over which the Secretary has rulemaking authority.