Md. Code Regs. 14.03.04.16

Current through Register Vol. 51, No. 18, September 6, 2024

Section 14.03.04.16 - Administrative Hearing Proceedings

A. General Information.

(1) Scope.

(a) This regulation contains the rules of practice and procedure established by the Maryland Commission on Human Relations and the Office of Administrative Hearings, under COMAR 28.02.01 in accordance with State Government Article, § 20-1034, Annotated Code of Maryland, for administrative proceedings before an administrative law judge.

(b) This regulation applies only to an administrative law judge adjudication of a complaint asserted in a charge issued under State Government Article, § 20-1027, Annotated Code of Maryland, when:

(i) An election to civil court has not been filed in accordance with Regulation .15 of this chapter; or

(ii) The Commission determines that the action is warranted.

(2) Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory housing practice is alleged to have occurred and in accordance with COMAR 28.02.01.07F.

(3) Time Computation.

(a) Time computations under this regulation shall be in accordance with Article 1, § 36, Annotated Code of Maryland.

(b) In computing any time period involved, the date of the issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings.

(c) Documents are not filed until received by the Office of Administrative Hearings.

(4) Service and Filing.

(a) Service of documents under this regulation shall be in accordance with COMAR 28.02.01.24F.

(b) Copies of all filed documents shall be served on all parties of record.

(c) All filed documents shall clearly designate the docket number, if any, title of the proceeding, and certificate of service.

(d) Parties shall file all documents with the Office of Administrative Hearings.

B. Administrative Law Judge.

(1) Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08AA and B.

(2) Disqualification. Any disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C.

(3) Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, § 10-219, Annotated Code of Maryland.

C. Parties; Intervention.

(1) Parties to the proceedings include:

(a) The Commission, which files the charge under Regulation .15 of this chapter seeking appropriate relief for an aggrieved party and the public interest;

(b) A complainant, who is the person who files a complaint of discrimination issued under Regulation .10 of this chapter;

(c) A respondent, who is a person named in the complaint issued under Regulation .10B of this chapter against whom relief is sought;

(d) An intervenor, who is an aggrieved person that filed a request for intervention under COMAR 28.02.01.12C; and

(e) Representation of the parties, which shall be in accordance with COMAR 28.02.01.09C.

(2) Intervention.

(a) A request for intervention shall be made by motion in accordance with §D(2) of this regulation.

(b) Intervention shall be permitted if the request is timely and:

(i) The intervenor is the aggrieved person on whose behalf the complaint is issued; or

(ii) The intervenor is an aggrieved person who claims an interest in the property or transaction that is the subject of the complaint, and the disposition of the complaint may as a practical matter impair or impede the aggrieved person's ability to protect that interest, unless the aggrieved person is adequately represented by the existing parties.

D. Pleadings and Motions.

(1) Pleadings.

(a) Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the case number assigned by the Commission, and the designation of the type of document (for example, charge, answer, or motion to dismiss).

(b) Signature.

(i) Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number.

(ii) The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay.

(2) Motions.

(a) All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16C except if otherwise provided in §G(4) of this regulation.

(b) Motions for intervention shall be in accordance with COMAR 28.02.01.12C except if otherwise provided in §G(4) of this regulation.

E. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10C.

F. Subpoenas. Subpoenas shall be issued in accordance with State Government Article, § 20-1023, Annotated Code of Maryland, and COMAR 28.02.01.11C.

G. Prehearing Procedures.

(1) Prehearing Conference. A prehearing conference shall be conducted in accordance with COMAR 28.02.01.13C.

(2) Notice of Prehearing Conferences and Hearings.

(a) The administrative law judge shall set the matter in for a prehearing conference, hearing, or both, on the earliest date practicable.

(b) The administrative law judge shall, by registered or certified mail, forward to the complainant and to the respondent a statement of charges and a notice of prehearing conference or hearing, which shall include the following:

(i) The place, date, and hour of the prehearing conference, public hearing, or both;

(ii) A statement advising both the complainant and respondent of their respective rights to appear and be represented in this hearing in person, by their attorneys, or both, and that the case in support of the complaint shall be presented by the Commission's General Counsel;

(iii) A statement advising the respondent of the right to file an answer to the statement of charges; and

(iv) The name of the administrative law judge who conducts the prehearing conference or hearing or a statement that an administrative law judge will be subsequently designated.

(c) The administrative law judge shall forward a copy of the notice of prehearing conference, public hearing, or both, to the General Counsel of the Commission.

(d) The prehearing conference, public hearing, or both, may not occur less than 20 or more than 60 days after the issuance and service of the statement of charges and notice of prehearing conference, public hearing, or both.

(3) Prehearing Memorandum.

(a) Before the commencement of a prehearing conference, the administrative law judge may direct parties to file a prehearing memorandum.

(b) Contents of Memorandum. The memorandum shall state the name of the party or parties presenting the statement and, unless otherwise directed by the administrative law judge, briefly set forth the following:

(i) Issues involved in the proceeding;

(ii) Facts stipulated by the parties and a statement that the parties have made a good faith effort to stipulate to the greatest extent possible;

(iii) Facts in dispute;

(iv) Witnesses and exhibits to be presented at the hearing;

(v) A brief statement of applicable law;

(vi) Conclusions to be drawn;

(vii) Estimated time required for presentation of the party's case; and

(viii) Such other information as may assist in the disposition of the proceeding.

(4) Preliminary Matters - Motions.

(a) All preliminary matters shall be raised by motion filed at either the prehearing conference or not later than 45 days before the public hearing.

(b) The motion shall be in writing, stating briefly the relief applied for, with a memorandum stating the reasons and any law that may be in support of the motion.

(c) The motion and two copies together with a certificate of mailing to all parties shall be filed with the administrative law judge.

(d) An answer to a preliminary motion shall be in writing and shall include:

(i) A memorandum stating the reasons and any law that may be in support of the answer; and

(ii) Certification that a copy has been mailed to all parties.

(e) The original and two copies of the answer shall be filed with the administrative law judge within 15 days of receipt of the original motion unless otherwise directed by the administrative law judge.

(f) All motions shall be decided by the administrative law judge without oral argument on the motions, unless the administrative law judge desires oral argument or testimony.

(g) If the administrative law judge desires oral arguments, the administrative law judge shall set the date, place, and time, and notify all parties.

(5) Settlement Conference. If required, a settlement conference shall be conducted in accordance with COMAR 28.02.01.14C.

H. Hearing Procedures.

(1) Date.

(a) In accordance with State Government Article, § 20-1027(b), Annotated Code of Maryland, the hearing shall commence not later than 120 days following the filing of the charge under Regulation .15 of this chapter, unless it is impracticable to do so.

(b) If the hearing cannot be commenced within this time period, the administrative law judge shall notify in writing all parties, the aggrieved persons on whose behalf the charge was filed, the respondent, and the Commission, of the reasons for the delay.

(2) Place. The hearing shall be conducted in Baltimore City or the county where the discriminatory housing practice is alleged to have occurred.

(3) Notice of Hearing. The parties shall be notified of the hearing in accordance with §G(2) of this regulation.

(4) Effect of a Civil Action on Administrative Proceeding.

(a) An administrative law judge may not continue an administrative proceeding under this regulation regarding an alleged discriminatory housing practice after the beginning of the trial of a civil action commenced by the aggrieved person or the Commission under an act of Congress or State law seeking relief with respect to that discriminatory housing practice.

(b) If such a trial is commenced, the administrative law judge shall dismiss the administrative proceeding.

(c) The commencement and maintenance of a civil action for appropriate temporary or preliminary relief under State Government Article, § 20-1037, Annotated Code of Maryland, does not affect administrative proceedings under this regulation.

(5) Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17C.

(6) Evidence. Evidence shall be admitted in accordance with State Government Article, § 10-213, Annotated Code of Maryland, and COMAR 28.02.01.18C.

(7) Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15C upon the showing of mutual consent of the parties.

(8) Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15C upon showing:

(a) Mutual consent of the parties;

(b) The affiant is unavailable to testify; and

(c) The party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant.

(9) Failure to Attend Hearing and Default. A party's failure to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20C.

(10) Appointment of Interpreter. In situations when an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19C.

(11) Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21C.

(12) Transcript of Hearing Record.

(a) The administrative law judge shall cause the testimony taken at the hearing to be transcribed.

(b) This transcript, together with all pleadings, exhibits, and other materials introduced into evidence shall constitute the record of the case as defined by State Government Article, § 10-210, Annotated Code of Maryland.

Md. Code Regs. 14.03.04.16