Md. Code Regs. 14.35.20.09

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.35.20.09 - Default Orders

A. The presiding officer may issue a default order against a party other than the Exchange that, after receiving proper notice, fails to appear at a hearing if:

(1) Notice is issued by the Board, and the party failing to appear is the person against whom the notice was issued; or

(2) In any other contested case hearing, the party failing to appear is the person that requested the hearing.

B. In a hearing arising out of a notice or determination issued by the Exchange, the default order shall:

(1) State the facts supporting the finding of proper notice to the person against whom the notice or determination was issued;

(2) Adopt the facts and violations of law as alleged by the Exchange in its notice or determination as if by admission of the person against whom the charging document, order, or notice was issued; and

(3) Adopt the sanction requested by the Exchange.

C. The Board Secretary shall serve the default order directly on the parties by certified mail.

D. Within 15 calendar days after service of a default order, the party in default may submit to the Board a written motion:

(1) Requesting that the default order be vacated or modified; and

(2) Stating the grounds for the request.

E. If the presiding officer finds that there is:

(1) Good cause to excuse the default, the presiding officer may:

(a) Vacate or modify the default order; and

(b) Schedule the case for further appropriate proceedings; or

(2) No good cause to excuse the default, the presiding officer shall:

(a) Deny the motion; and

(b) Affirm the default order as the final order.

Md. Code Regs. 14.35.20.09

Regulation .09 adopted effective 50:20 Md. R. 889, eff. 10/16/2023