Md. Code Regs. 22.03.04.08

Current through Register Vol. 51, No. 10, May 17, 2024

Section 22.03.04.08 - Hearings by the Board of Trustees

A. The Board Secretary shall coordinate with the parties to schedule a hearing before the Board of Trustees.

B. Hearing Notice.

(1) The Board Secretary shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.

(2) The hearing notice shall state:

(a) The date, time, and place of the hearing;

(b) A short and simple statement of the matters that are at issue at the hearing;

(c) The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and

(d) The claimant's right to:

(i) Submit relevant evidence to the Board Secretary that will be included as part of a joint exhibit if received by the Board Secretary 20 calendar days before the date of the hearing, and

(ii) Be represented by an attorney authorized to practice law in Maryland.

C. Within a reasonable time before the hearing, the Board Secretary shall provide each member of the Board of Trustees and the claimant with a copy of all:

(1) Records and documents in the possession of the Retirement Agency that are pertinent to the claim; and

(2) Evidence, if any, submitted by the claimant under §B(2)(d)(i) of this regulation.

D. Motions.

(1) A party may move for appropriate relief before or during a hearing.

(2) A party shall submit all motions in writing or orally at a hearing.

(3) Written motions shall:

(a) Be filed not later than 15 days before the date of the hearing;

(b) State concisely the question to be determined;

(c) Be accompanied by any necessary supporting documentation; and

(d) Be served on each party.

(4) An answer to a written motion shall be filed on the earlier of:

(a) 10 days after receipt of the motion; or

(b) The date of the hearing.

(5) On written notice to all parties, the presiding officer may schedule a conference to consider a written motion.

(6) The filing or pendency of a motion does not alter or extend any time limit otherwise established by these regulations.

(7) The presiding officer may:

(a) Reserve ruling on a motion until after the hearing; or

(b) Issue a ruling on a motion before the hearing with the consent of a majority of the Board of Trustees.

(8) The Board of Trustees' ruling on the motion shall be in writing and may be included in the final decision.

(9) A ruling on a motion may only be reviewed on appeal.

(10) Motion to Dismiss.

(a) A party may move for dismissal of a petition.

(b) A majority of the Board of Trustees may issue a final decision dismissing a petition that fails to state a claim for which relief may be granted by the Board of Trustees.

(11) Motion for Summary Decision.

(a) A party may move for summary decision on any substantive issue in the case.

(b) A majority of the Board of Trustees may grant a final summary decision if a majority of the Board of Trustees finds that there is no genuine issue as to any material fact and that the moving party is entitled to prevail as a matter of law.

E. Conduct of the Hearing.

(1) The presiding officer shall conduct the hearing informally, in such a manner as to ascertain the rights of the parties.

(2) The presiding officer shall:

(a) Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and

(b) Regulate the course of the hearing, including the conduct of the parties, their attorneys, and witnesses.

(3) The hearing may not be governed by common law or statutory rules of evidence as to the admissibility of evidence or by technical rules of procedure.

(4) Witnesses shall testify under oath or affirmation.

(5) A record shall be made of all testimony taken.

(6) All evidence considered, including records and documents in the possession of the Retirement Agency, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case.

(7) Each party shall have the right to:

(a) Call witnesses and present evidence;

(b) Cross-examine each witness called by a party;

(c) Submit rebuttal evidence; and

(d) Make opening and closing statements.

(8) The burden of proof shall be on the claimant by a preponderance of evidence.

(9) Representation of a party at a hearing is permitted only by an attorney authorized to practice law in Maryland.

(10) Notice may be taken of judicially cognizable facts and, in addition, specialized knowledge of general, technical, or scientific facts may be applied. Parties shall be notified either before or during the hearing, or by reference in reports of findings, of the material so noticed and shall be given the opportunity to contest the material. The Board of Trustees may use its experience, technical competence, or specialized knowledge in the evaluation of the evidence presented to them.

F. Proposed Findings of Fact and Conclusions of Law.

(1) The presiding officer may request the parties to submit proposed findings of fact and conclusions of law to the Board Secretary within 30 days after the hearing.

(2) The findings of fact shall be based exclusively on the evidence of record in the proceeding and on matters officially noticed in the proceeding.

(3) At the request of a party, the Board Secretary may grant an extension of time to file the proposed findings of fact and conclusions of law for a period not to exceed 60 days.

G. Official Record.

(1) The Board Secretary shall prepare an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §G(2) of this regulation.

(2) A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript.

H. Decision of the Board of Trustees.

(1) The decision of the Board of Trustees shall:

(a) Be in writing;

(b) Be based solely on the official record compiled by the Board Secretary; and

(c) State the reason or reasons for the decision.

(2) The Board of Trustees shall issue its decision within 60 days after:

(a) The hearing; or

(b) If later, receipt by the Board of Trustees of the parties' proposed findings of fact and conclusions of law.

(3) The time limit specified in §H(2) of this regulation may be extended by the Board Secretary with written notice to the parties.

(4) The Board Secretary shall notify the parties of the Board of Trustees' decision and include a written statement of the party's appeal rights with the final decision.

I. Finality of Board Decision. The decision of the Board of Trustees is the final administrative decision of the case.

Md. Code Regs. 22.03.04.08

Regulation .08E amended effective May 24, 2004 (31:10 Md. R. 796); amended effective 50:2 Md. R. 51, eff. 2/6/2023