Md. Code Regs. 13A.01.05.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 13A.01.05.08 - Hearing Record and Transcript

A. The administrative law judge shall prepare an official record which shall include:

(1) Motions and pleadings;

(2) Documentary evidence;

(3) Exhibits;

(4) Memoranda or materials filed in the proceedings; and

(5) Items required in a contested case as set forth in the Administrative Procedure Act.

B. The proceedings before the administrative law judge shall be transcribed at the expense of the party filing exceptions to the administrative law judge's proposed decision.

C. The party filing exceptions to the administrative law judge's proposed decision shall file a copy of the transcript with the State Board, and the transcript shall be made a part of the record.

D. Waiver of Transcription Costs.

(1) An individual appellant who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs with the State Board President.

(2) The request for waiver of costs shall be accompanied by an affidavit verifying the facts set forth in the request and the appellant's inability to pay.

(3) The State Board President shall review the request for waiver of costs and the accompanying affidavit and may require the appellant to supplement or explain any of the matters set forth in the papers.

(4) If the State Board President is satisfied that the appellant is unable by reason of indigence to pay the cost of transcription, the State Board President may waive the payment of cost, and the cost shall be paid by the State Board.

(5) A waiver of transcription costs shall only be available to an individual appellant and not to a group or other entity.

(6) The waiver process does not extend the deadline for filing exceptions to the administrative law judge's proposed decision, but an appellant may amend the exceptions once the transcript is issued in order to provide copies of the pages of the transcript that support the argument as required by Regulation .07 of this chapter.

Md. Code Regs. 13A.01.05.08

Regulation .08 amended effective November 26, 2012 (39:23 Md. R. 1532); amended effective 50:25 Md. R. 1088, eff. 12/25/2023