Md. Code Regs. 22.03.04.09

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

Section 22.03.04.09 - Hearings Before the Office

A. Pre-Hearing Procedures.

(1) The Retirement Agency shall coordinate with the parties and the Office to schedule a hearing before a judge.

(2) Hearings shall be held at the central office of the Office of Administrative Hearings. The designation of a site other than the central office of the Office of Administrative Hearings requires the Retirement Agency's consent.

(3) Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.

(4) Unless a judge rules otherwise, each party shall provide written notification at least 20 days before the hearing to every other party of the name and identity of each witness the notifying party may call to testify at the hearing.

B. Hearing Notice.

(1) The Retirement Agency shall issue a written notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.

(2) The hearing notice shall state:

(a) The date, time, and place of the hearing;

(b) A short and simple statement of the matters that are at issue at the hearing;

(c) The pertinent statutory and regulatory sections under which the Board of Trustees is taking the action; and

(d) The claimant's right to be represented by an attorney authorized to practice law in Maryland.

C. Conduct of the Hearing.

(1) The judge shall:

(a) Conduct a fair and impartial hearing to:

(i) Fully elicit all the facts,

(ii) Adjudicate all issues, and

(iii) Ascertain the rights of the parties;

(b) Exclude evidence which is incompetent, irrelevant, immaterial, or unduly repetitious; and

(c) Regulate the course of a hearing, including the conduct of parties, their attorneys, and witnesses.

(2) The hearing may not be governed by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure.

(3) Witnesses shall testify under oath or affirmation.

(4) A record shall be made of all testimony taken.

(5) All evidence submitted, including records and documents in the possession of the Retirement Agency, shall be part of the administrative record in the case.

(6) The burden of proof shall be on the claimant by a preponderance of the evidence.

(7) A party may represent oneself at a hearing, or may be represented by an attorney authorized to practice law in Maryland.

(8) Each party shall have the right to:

(a) Call witnesses and present evidence;

(b) Cross-examine each witness called by a party;

(c) Submit rebuttal evidence; and

(d) Make opening and closing statements.

D. Official Record.

(1) The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all pleadings, exhibits, and other material filed in the proceeding and any testimony transcribed according to §D(2) of this regulation.

(2) A record of the proceedings need not be transcribed unless requested by a party. The cost of typewritten transcripts for all or part of the proceedings shall be paid by the party requesting the transcript.

E. Proposed Decision.

(1) The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare proposed findings of fact and proposed conclusions of law.

(2) The judge shall mail a copy of the proposed decision to the parties and the Executive Director.

(3) The judge shall provide written notice to the parties that a party, including the representative of the Retirement Agency, if adversely affected, may file exceptions to the proposed findings within 15 calendar days after the date of the proposed decision.

F. Exceptions.

(1) Exceptions shall be filed with the Executive Director within 15 calendar days after the date of the proposed decision.

(2) Exceptions shall be in writing and shall contain a concise statement as to each portion of the judge's determination to which exception is taken and the asserted basis for the exception.

(3) A party that refers to any evidence produced at the hearing before the judge shall identify the specific evidence in the party's exceptions. That party may file with the Executive Director a copy of the transcript of the hearing, or relevant portions of the transcript, at that party's expense, at the time of filing the exceptions.

(4) A copy of the exceptions shall be served on all parties to the proceedings, their representatives, and the Executive Director.

G. Revocation of Delegation.

(1) The Executive Director may revoke delegation of authority to the Office to hear all or part of a contested case at any time prior to the earlier of:

(a) The issuance of a ruling on a substantive issue; or

(b) The taking of oral testimony from the first witness.

(2) The criteria for revocation of a delegation of authority to the Office concerning a petition shall be:

(a) The consent of all parties to revocation; or

(b) A factual, legal, or procedural change that occurred after the delegation to the Office, which the Executive Director, in the Executive Director's sole discretion, determines constitutes good cause for revocation of the delegation.

(3) The procedure for revocation of a delegation of authority to the Office concerning a petition shall be that the Executive Director shall send written notice to all parties:

(a) Stating that the delegation is revoked;

(b) Stating good cause for the revocation; and

(c) Referring the petition for a summary decision as provided under Regulation .07D of this chapter, for alternative dispute resolution as provided under Regulation .07E of this chapter, or for a hearing as provided under Regulation .08 of this chapter.

(4) The revocation of a delegation of authority to the Office concerning a petition is not appealable until the Board of Trustees renders a final decision under Regulation .07D or .08H of this chapter.

Md. Code Regs. 22.03.04.09

Regulation .09A, C amended effective May 24, 2004 (31:10 Md. R. 796); amended effective 50:2 Md. R. 51, eff. 2/6/2023