Maryland Administrative Code

.01 General. This chapter contains procedures for administrative hearings in contested cases. These procedures are required by the Maryland Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland, and apply to all contested cases within…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Contested case” means a proceeding to determine: (a) A right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be deter…

.03 Notice and Hearing. A. In a contested case all parties shall be afforded an opportunity for hearing after reasonable notice. B. The notice shall: (1) State the time, place, and nature of the hearing; (2) State the legal authority under which the hearing is to be held; (3) Cit…

.04 Hearing Officer. The decision maker may designate a hearing officer who shall conduct the hearing and submit in writing to the decision maker proposed findings of fact and proposed conclusions of law.

.05 Representation. A. A party may appear in proper person or be represented by counsel. B. A corporation may be represented by an officer, agent, or attorney. C. Parties and their attorneys shall give written notice to the hearing officer of their names and addresses in advance …

.06 Evidence. A. Probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs may be admitted at a hearing and given probative effect. B. Incompetent, irrelevant, immaterial, or unduly repetitious evidence may be excluded. C. Document…

.07 Hearing. A. The hearing shall be open to the public, unless otherwise provided by law. B. Upon written notice 7 days in advance of a hearing and upon payment of costs, a party may request that a hearing be transcribed.

.08 Ex Parte Communications. A. Persons other than advisory staff may not communicate ex parte with the hearing officer or decision maker. B. Ex parte communications received in violation of §A shall be placed in the record and disclosed to all parties who shall then have 10 days…

.09 Record. A. In the determination of a contested case, the decision maker may consider only evidence that is in the record. B. The record in a contested case shall include: (1) Pleadings and motions; (2) Documentary evidence; (3) Statements; (4) Transcripts; (5) Staff memoranda…

.10 Decision. A. The decision maker may adopt, modify, or rewrite a hearing officer's proposed findings of fact and proposed conclusions of law. B. If a decision maker or a majority of them has not heard the evidence, a proposed decision, including findings of fact and conclusion…

.11 Time Periods. For good cause, the hearing officer or decision maker may extend or waive time periods provided in these regulations.

.12 Appeal. A. Upon issuance of a final decision, an aggrieved party may proceed to exhaust any remaining administrative remedies or seek judicial review in accordance with applicable law. B. Upon notice of appeal the record shall be transmitted promptly to the appropriate appell…

.13 Interpretation. These regulations are meant to complement the Maryland Administrative Procedure Act. In the event of conflict the Act takes precedence over them.

.01 General. These regulations set out the procedures for the filing of requests with any of the agencies, boards, commissions, councils, corporations, authorities, trusts, and divisions within the Department of Housing and Community Development for the inspection or copying of r…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means State Government Article, §§10-611—10-630, Annotated Code of Maryland. (2) “Applicant” means any person requesting disclosure of public records. (3) “Department…

.03 Who May Request. A person may request to inspect or copy any public record that is in the custody and control of the Department and which, under the provisions of the Act, the Department is required to make available to the public.

.04 Necessity for Written Request. A. The custodian may make public records available for inspection or copying, or both, by an applicant without a written request except as set forth below. Written requests shall be required in all instances when the public records requested may…

.05 Contents of Written Request. A written request shall contain the applicant's name and address, be signed by the applicant, and shall reasonably identify by brief description the record sought.

.06 Filing the Request. A written request for a record in the custody and control of the Department shall be addressed to the official custodian. The official custodian shall promptly direct the request to the custodian of the record.

.07 Response to Request. A. If the custodian decides to grant a written request for inspection, he shall produce the record for inspection immediately or within a reasonable period, not to exceed 30 days from the date of receipt of the request when that period of time is needed t…

.08 Notification of Persons Who May be Affected by Disclosure. The custodian, unless prohibited by law, may notify a person who could be adversely affected by a disclosure of a record to the applicant who has made a request for inspection or copying of the record. The custodian m…

.09 Repealed.

.10 Repealed.

.11 Records Destroyed or Lost. If the requested record has been destroyed or lost, the custodian to whom the application is made shall notify the applicant of this fact within 10 working days of receipt of the request, and shall explain in the response the reasons why the record …

.12 Review of the Denial. A. If the written request is denied by the custodian, the applicant may request an administrative hearing on the denial within 30 days after receipt of the notification of the written denial. B. If a hearing is requested by the applicant, the hearing sha…

.13 Disclosure Against Public Interest. If, in the opinion of the Secretary, disclosure of any public record which is otherwise required to be disclosed under the Act would do substantial injury to the public interest, the Secretary may temporarily deny the request in writing, an…

.14 Fees. A. The Department may charge reasonable fees in accordance with the following fee schedule: (1) Copies. The fee for each copy is 25 cents per page when reproduction can be made by a photocopying machine within the Department. When records are not amenable to photocopyin…

.15 Time of Inspection. An applicant may inspect any public record which 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 determines that another place of inspection is more suitable.

.01 General. These regulations are promulgated pursuant to State Government Article, § 10-304, Annotated Code of Maryland, for the purpose of establishing procedures by which the public may petition the Department of Housing and Community Development for a declaratory ruling.

.02 Definitions. A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Department of Housing and Community Development. (2) “Secretary” means the Secretary of Housing and Community Development or the Secretary's des…

.03 Who May File. Any interested person may file a petition for declaratory ruling with respect to the manner in which the Department would apply a regulation or order of the Department, or a statute that the Department enforces, to a person or property on the facts set forth in …

.04 Where to File. A petition shall be filed with the Secretary for the Secretary's consideration and disposition.

.05 Form. The petition shall: A. Be in writing; B. Contain a detailed statement of the facts on which the petition is based; C. Fully set forth the regulations or statutes involved; D. Pose the question of whether, and in what manner, the regulations or statutes apply to the peti…

.06 Consideration and Disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary may require argument on the petition. A declaratory ruling is binding upon the agency and the petitioner, to the extent permitted by law, on …

.07 Agency File. The Department shall maintain a file of all petitions submitted and the declaratory rulings issued. This file shall be available for public inspection to the extent permitted by law.

.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 Department of Housing and Community Development for the adoption of regulatio…

.02 Definitions. A. In these regulations, the following terms have the meanings indicated. B. Terms Defined. (1) “Department” means the Department of Housing and Community Development. (2) “Secretary” means the Secretary of Housing and Community Development or the Secretary's des…

.03 Who May File. Any interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of any regulation.

.04 Form. The petition shall: A. Be in writing; B. Contain a clear and concise statement of the regulation, amendment, or repeal which is sought; C. Contain a statement of reasons in support of the proposed regulation change; and D. Contain the name, address, and telephone number…

.05 Petition Filed. The petition shall be filed with the Secretary for the Secretary's consideration and disposition. The time period for response to a petition begins when the petition is received by the Secretary.

.06 Disposition. Within 60 days after receipt of the petition, the Secretary shall either deny the petition in writing, stating the reasons for the denial, or initiate the procedures for adoption of the regulation as submitted or with appropriate modifications as determined by th…

.07 Agency File. The Department shall maintain a file of all petitions submitted and the responses. This file shall be available for public inspection to the extent permitted by law.

.01 General. The purpose of this chapter is to promote the best interest of the State and the Department, and to protect the integrity of Departmental programs by establishing the Department's policy, as well as specifying grounds and setting forth procedures regarding suspension…

.02 Scope. A. This chapter is in addition to other remedies which may be available to the Department by applicable laws and regulations. Therefore, the provisions of this chapter are intended to be cumulative to, and not exclusive of or as a substitute for, other provisions of ap…

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Attorney General” means the Attorney General of Maryland or the Attorney General's designee. (2) “Conviction” includes an accepted plea of nolo contendere, or an accepted …

.04 Policy. It is the Department's policy that: A. If the grounds specified in Regulation .05 exist, a person may be debarred or suspended from participating in the Department's programs; B. The Department may not knowingly accept any person suspended or debarred under this chapt…