Md. Code Regs. 14.03.01.12

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

Section 14.03.01.12 - Review by the Appeal Board of Decisions of the Administrative Law Judge

A. Notice of Appeal.

(1) An appeal may be taken by the Commission, the respondent, or the complainant.

(2) An appeal to the Appeal Board of the Commission shall be taken by filing with the administrative law judge a written notice of appeal within 30 days from the date of the delivery of the decision to the appealing party.

(3) This notice shall be sufficient if it is titled and captioned in the same manner as the case before the administrative law judge, and if it contains language indicating that the party desires a review of the decision of the administrative law judge.

(4) The appealing party shall serve a copy of the notice of appeal upon all other parties and shall certify in the notice of appeal that this service has been made.

(5) If a timely notice of appeal is filed by a party, any other party may file a written notice of appeal within 15 days of the date on which the first notice of appeal was filed or within the 30-day period set forth in §A(1) of this regulation, whichever is later.

(6) The administrative law judge shall promptly forward to the Chairman the transcript of the hearing together with all pleadings, exhibits, and other materials constituting the record of the case.

(7) If any question presented by an appeal can be determined by the Appeal Board without an examination of the entire record, the parties may prepare and sign a statement of the case showing how the question arose and was decided, setting forth only so much of the facts alleged and proved, or sought to be proved, as are essential to a decision of the question by the Appeal Board.

(8) A statement prepared under §A(7) of this regulation, when filed with the Appeal Board, shall be treated as superseding, for the purposes of the appeal, all parts of the record other than the decision from which the appeal is taken, and, together with this decision, shall be transmitted to the Appeal Board as the record on appeal.

B. Statement of Issues on Appeal.

(1) Within 30 days after the date on which notice of appeal is mailed, the person appealing shall set forth in writing a concise statement of issues upon which this appeal is taken together with a memorandum of law in support of it.

(2) The original and five copies of the statement and memorandum shall be mailed to the chairperson and shall include a certificate that copies of the statement and memorandum have been mailed to the appellees.

C. Answer.

(1) Within 30 days from the date the statement of issues is mailed, the appellee or appellees shall file an answer to statement together with a memorandum of law.

(2) The original and five copies of the answer and memoranda shall be mailed to the chairperson and shall include a certificate that copies have been mailed to all appellants.

D. Selection of Appeal Board. The chairperson of the Commission shall promptly:

(1) Appoint an Appeal Board, which shall consist of three commissioners, to decide the appeal;

(2) Designate one member as chairperson; and

(3) Provide written notification to members of the board, the Commission, all respondents, and all complainants.

E. Hearing.

(1) The Appeal Board shall decide whether it wishes to hear oral argument.

(2) If the Board chooses not to hear oral argument, it shall promptly, in writing, notify the Commission, complainants, and respondents.

(3) If the Board chooses to hear oral argument, the chairman of the board shall notify the Commission, complainants, and respondents of the time, place, and date of the hearing of oral argument.

(4) Oral argument shall then be limited to 30 minutes for each party to the appeal, and confined to the record of the case heard by the administrative law judge.

(5) The Appeal Board, in its discretion, may permit the admission of additional evidence not produced at a public hearing, upon a request made and good cause shown by the party proposing the admission of the new evidence.

F. Decision and Order.

(1) The Appeal Board may affirm, reverse, or modify the administrative law judge's decision.

(2) In making its determination, the Board shall consider:

(a) The entire record; or

(b) Upon agreement of the parties as set forth in §A(6) of this regulation, the statement of the case, including the decision of the administrative law judge.

(3) In all appeals filed with the Appeal Board after June 1, 1989, the Appeal Board shall render its decision within 180 days after an Appeal Board has been selected pursuant to §D of this regulation.

(4) A decision and order remanding the case for further proceedings is not a final decision and order of the Appeal Board.

(5) A copy of the decision and order and, when applicable, a notice of the right to apply for judicial review of the order under the appropriate provisions of the Maryland Administrative Procedure Act shall be served on all parties to the case.

G. Failure to comply with the provisions set forth in this regulation may result in dismissal of the appeal.

H. A ruling on a motion to dismiss the appeal for failure to follow the provisions set forth in this regulation shall be made by the chairperson of the Appeal Board, or by the chairperson of the Commission, or a commissioner designated by the chairperson, if an appeal board has not yet been appointed.

Md. Code Regs. 14.03.01.12