Md. Code Regs. 09.01.02.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.01.02.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "ALJ" means an Administrative Law Judge appointed under State Government Article, §9-1604, Annotated Code of Maryland.

(2) "Administrative Procedure Act" means State Government Article, §§10-201 -10-217, Annotated Code of Maryland.

(3) "Administrative unit" means a board, commission, hearing panel, committee, division, or a unit within the Department which is authorized by law or regulation to hear and determine contested cases.

(4) "Applicant" means a person seeking a new or renewal license, certificate, registration, or permit from an administrative unit.

(5) "Charging document" means a document issued by an administrative unit which sets forth:

(a) One or more violations alleged to have been committed by a respondent; or

(b) A denial or an intent to deny a license, certificate, registration, or permit.

(6) "Claim" means a claim against a guaranty fund.

(7) "Claimant" means an individual who has filed a claim against a guaranty fund.

(8) "Complaint" means a written allegation that:

(a) A licensee, registrant, certificate holder, or permit holder has committed an act which is prohibited by the appropriate statute or regulation and for which an administrative unit may take disciplinary action; or

(b) A person has practiced a regulated profession or occupation, or engaged in a business, without the required license, certificate, registration, or permit.

(9) "Contested case" has the meaning stated in State Government Article, §10-202, Annotated Code of Maryland.

(10) "Counsel" means the attorney assigned by the Office of the Attorney General to provide a particular administrative unit with legal advice.

(11) "Department" means the Department of Labor, Licensing, and Regulation.

(12) "Final order" means the final decision of an administrative unit which contains findings of fact, conclusions of law, and a disposition which:

(a) Grants or denies a license, certificate, registration, or permit;

(b) Sanctions by reprimand, fine, suspension, or revocation;

(c) Makes a monetary award to a party from a guaranty fund or any other source, or denies an award; or

(d) Dismisses disciplinary charges.

(13) "Guaranty fund" has the meaning stated in Business Occupations and Professions Article, Title 17, Subtitle 4, Annotated Code of Maryland, and Business Regulation Article, Title 8, Subtitle 4, Annotated Code of Maryland, as applicable.

(14) "Office of Administrative Hearings" has the meaning stated in State Government Article, §9-1602, Annotated Code of Maryland.

(15) "Party" means a respondent, a claimant, an applicant, or an administrative unit, or all or some of them, as applicable.

(16) "Person" has the meaning stated in Business Regulation Article, §1-101(g), Annotated Code of Maryland.

(17) "Presenter of evidence" means the attorney assigned by the Office of the Attorney General to:

(a) Present charges and evidence against a respondent or applicant; or

(b) Represent the interests of a guaranty fund.

(18) "Presiding officer" means the chairman of an administrative unit, or in the absence of a chairman, a member of the administrative unit designated by the applicable enabling statute or by the administrative unit itself to preside over the hearing of a contested case.

(19) "Proposed decision" has the meaning stated in COMAR 28.02.01.02.

(20) "Proposed order" means the order issued by an administrative unit, after a hearing conducted by an ALJ which:

(a) Grants or denies a license, certificate, registration, or permit;

(b) Sanctions by reprimand, fine, suspension, or revocation;

(c) Makes or denies a monetary award to a party from a guaranty fund or any other source; or

(d) Dismisses the charges.

(21) "Respondent" means a person who has been called upon to answer charges made under disciplinary provisions or against whom a guaranty fund claim has been filed.

Md. Code Regs. 09.01.02.02

Regulation .02 amended effective February 23, 1987 (14:4 Md. R. 415)
Regulations .02 adopted effective December 12, 2002 (29:24 Md. R. 1918)