Md. Code Regs. 01.02.03.05

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.02.03.05 - Right to a Hearing

A. Who May Request a Hearing. Any person adversely affected by any action taken by the Secretary as a result of an investigation pursuant to Business Regulation Article, §6-205, Annotated Code of Maryland, is entitled to a hearing before the Secretary.

B. Notice.

(1) Whenever the Secretary notifies a person that the Secretary has taken action which may adversely affect that person or that person's ability to engage in solicitation, the Secretary shall notify the person affected in writing of the right to request a hearing and of the method of making the request.

(2) This written notice shall:

(a) Advise the person of the right to be represented by counsel during the entire hearing process;

(b) Advise the person of the right to request a reasonable accommodation for a party, witness, or representative who cannot hear, speak, or understand the spoken or written English language;

(c) Advise the person that he or she may present documents and witnesses at the hearing; and

(d) Include a summary of the regulations relating to hearing procedures.

C. Request for Accommodations.

(1) Upon receipt of a request for accommodation, the Secretary of State's Office shall provide a qualified interpreter during the proceeding in which the party, witness, or representative is participating.

(2) An interpreter shall take an oath or affirmation that the interpreter will accurately interpret the proceedings.

(3) If a party, witness, or representative requests an accommodation, the Office shall provide a reasonable accommodation as required by the Americans with Disabilities Act.

Md. Code Regs. 01.02.03.05

Regulation .05 amended effective October 3, 1988 (15:20 Md. R. 2332); November 13, 2000 (27:22 Md. R. 2059); amended effective 49:16 Md. R.757, eff. 8/8/2022