Md. Code Regs. 21.11.10.10

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

Section 21.11.10.10 - Rules of Procedure for Hearings

A. This regulation supplements the requirements of the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. The Commissioner of Labor and Industry may delegate the authority to conduct the hearing to the Office of Administrative Hearings.

C. The administrative law judge may:

(1) Administer oaths and affirmations;

(2) Rule on procedural matters and offers of proof and receive relevant evidence;

(3) Regulate the course of the hearing and the conduct of the parties and their counsel;

(4) Examine any witness;

(5) Compel the production of records, books, papers, and other evidence; and

(6) Take any other appropriate action authorized by statute or regulation.

D. Hearing Procedure.

(1) The administrative law judge shall:

(a) Call the title of the case;

(b) Explain briefly the purpose and nature of the hearing;

(c) Recite any charges, complaints, or other matters involved; and

(d) Administer the oath to all persons who are summoned or who intend to testify.

(2) Counsel or any party may be heard on any preliminary matter, exception, or motion, and any stipulation entered into by the parties shall be received.

(3) The following exhibits shall be introduced:

(a) If the administrative law judge is the Commissioner of Labor and Industry's designee, a copy of the letter designating the administrative law judge to preside at the hearing;

(b) A copy of the order for hearing sent to each interested party entitled to receive notice pursuant to State Finance and Procurement Article, § 18-107, Annotated Code of Maryland; and

(c) Information obtained by the Commissioner of Labor and Industry as a result of any investigation pursuant to State Finance and Procurement Article, § 18-107, Annotated Code of Maryland.

(4) The assistant attorney general shall proceed first and shall present evidence of any investigation made by the Commissioner of Labor and Industry.

(5) Subject to applicable statutes and rules governing the practice and procedure, each party or counsel representing a party may:

(a) Call witnesses;

(b) Offer evidence, including rebuttal evidence;

(c) Cross-examine any witness that another party or the agency calls; and

(d) Present summation and argument.

E. Determination of Administrative Law Judge.

(1) Within 7 days after the conclusion of the hearing, the administrative law judge shall issue a written proposed determination, which includes proposed findings of fact and conclusions of law, and the amount of restitution and liquidated damages to be assessed under State Finance and Procurement Article, § 18-108, Annotated Code of Maryland.

(2) The proposed determination or an accompanying letter shall notify the parties that they may file written exceptions with, and present arguments to, the Commissioner of Labor and Industry.

(3) The administrative law judge shall serve, personally or by mail, a copy of the proposed determination on each party present or represented at the hearing.

(4) The proposed determination of the administrative law judge shall become the final order of the Commissioner of Labor and Industry unless exceptions are filed or the Commissioner orders review.

F. Review.

(1) Within 5 days from the postmark date of the proposed determination:

(a) The Commissioner of Labor and Industry may order review; or

(b) A party adversely affected by the proposed determination may request review in writing to the Commissioner.

(2) A request for review shall contain a concise statement identifying each portion of the administrative law judge's proposed determination for which a review is requested.

(3) A request for review shall be mailed to all other parties to the proceeding.

(4) After review of the proceedings with or without a hearing, the Commissioner shall:

(a) Issue an order based on findings of fact;

(b) Affirm, modify, or vacate the proposed determination, or proposed penalty, or direct other appropriate relief; and

(c) Mail copies of the order to all affected parties.

G. A party aggrieved by a final order of the Commissioner of Labor and Industry may obtain judicial review by filing a written petition with the appropriate circuit court within 30 days of issuance of the final order.

Md. Code Regs. 21.11.10.10

Regulations .10 adopted as an emergency provision effective October 1, 2007 (34:22 Md. R. 1975); adopted permanently effective February 25, 2008 (35:4 Md. R. 515)