Md. Code Regs. 28.02.01.11

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

Section 28.02.01.11 - Powers and Duties of ALJs

A. An ALJ shall:

(1) Conduct a full, fair, and impartial hearing;

(2) Take action to avoid unnecessary delay in the disposition of the proceedings; and

(3) Maintain order.

B. An ALJ has the power to regulate the course of the hearing and the conduct of the parties and authorized representatives, including the power to:

(1) Administer oaths and affirmations;

(2) Issue subpoenas for witnesses and the production of evidence;

(3) Rule upon offers of proof and admit relevant and material evidence;

(4) Consider and rule upon motions in accordance with this chapter;

(5) Examine witnesses and call witnesses as necessary to ensure a full and complete record;

(6) Limit unduly repetitious testimony and reasonably limit the time for presentations;

(7) Grant a continuance or postponement;

(8) Modify or waive, reasonably and for good cause, any time periods established by this chapter;

(9) Request parties to submit legal memoranda, proposed findings of fact, and proposed conclusions of law;

(10) Make proposed or final decisions and take any other appropriate action authorized by law;

(11) Require the parties to participate in remote proceedings unless a party establishes good cause for an in-person proceeding as provided by Regulation .20B of this chapter;

(12) Issue such orders as are necessary to procure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;

(13) Conduct the hearing in a manner suited to ascertain the facts and safeguard the rights of the parties to the hearing; and

(14) Impose appropriate sanctions for failure to abide by this chapter or a lawful order of the ALJ.

C. Disqualification; Substitution of ALJs.

(1) Conditions.

(a) An ALJ shall withdraw from participation in an Office proceeding in which personal bias or other reasons render the ALJ unable to remain impartial, or in which an appearance of impropriety may reasonably be inferred from the facts.

(b) For purposes of this section, an ALJ shall presume personal bias under circumstances set forth in the Office's Code of Judicial Conduct.

(2) Motion for Disqualification.

(a) A party shall move promptly for disqualification of an ALJ upon discovering facts that establish grounds for disqualification.

(b) The ALJ shall:

(i) Rule promptly on the motion; and

(ii) If granted, immediately refer the matter for assignment or designation of a substituted ALJ.

(3) Substitution of ALJs.

(a) If an ALJ is unable to continue presiding over a pending Office proceeding, or to issue a proposed or final decision, to the extent that it is allowed by law the Chief ALJ shall assign or designate a substituted ALJ pursuant to State Government Article, § 9-1604(a)(4) or 9-1607, Annotated Code of Maryland.

(b) A substituted ALJ may use the existing record and conduct such further proceedings as are necessary and proper.

Md. Code Regs. 28.02.01.11

Regulations .11 adopted effective January 8, 2001 (27:26 Md. R. 2360)
Regulations .11 adopted effective March 22, 2010 (37:6 Md. R. 480)
Regulation .11B, C, D amended effective March 14, 1994 (21:5 Md. R. 405); amended effective 46:26 Md. R. 1168, eff. 1/10/2020; amended effective 48:3 Md. R. 94, eff. 2/8/2021