Md. Code Regs. 14.35.10.03

Current through Register Vol. 51, No. 20, October 4, 2024

Section 14.35.10.03 - Request for Hearing-In General

A. Scope. This regulation applies to all requests for a hearing permitted under Regulation .01C of this chapter

B. A person aggrieved may request a hearing by submitting a written statement to the Office, signed by the requesting person and containing the following information:

(1) The action or nonaction of the Exchange causing the person requesting the hearing to be aggrieved;

(2) The facts related to the incident or incidents about which the person requests the Exchange to act or not to act; and

(3) The ultimate relief requested

C. Request to Be Received Within 30 Calendar Days.

(1) The request shall be received by the Office within 30 days of the date of the letter notifying the party of the Exchange's action, intention to act, or failure to act.

(2) In calculating the 30-day period, the date of the letter notifying the party of the Exchange's action, intention to act, or failure to act is not included.

(3) The end of a day is considered to be 11:59 p.m. Eastern Time.

(4) The last day of the 30-day period is included unless it is a Saturday, Sunday, legal holiday, or day that the Office of Administrative Hearings is closed for a part of the day.

(5) If the last day of the 30-day period is a Saturday, Sunday, legal holiday, or a day that the Office of Administrative Hearings is closed for a part of the day, the 30-day period runs until the end of the next day which is not a Saturday, Sunday, legal holiday, or day that the Office of Administrative Hearings is closed for a part of the day.

(6) Intermediate Saturdays, Sundays, legal holidays, and days that the Office of Administrative Hearings is closed for a part of the day shall be counted toward the 30-day period.

D. Upon receipt of a proper request, the Office shall grant a hearing unless, in viewing the facts set forth by the person making the request, in the light most favorable to that person, the Office determines that:

(1) The Office has no authority to take action;

(2) The request does not contain the information required by these regulations;

(3) The request is untimely; or

(4) The request is moot

Md. Code Regs. 14.35.10.03

Regulation .03 adopted effective 42:11 Md. R. 725, eff.6/8/2015; amended effective 50:13 Md. R. 513, eff. 7/10/2023