Md. Code Regs. 28.02.01.04

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

Section 28.02.01.04 - Commencement of Case; Computation of Time; Filing

A. Unless otherwise provided for by law, the Office acquires jurisdiction over a matter and a case commences when a person files a transmittal or an initial pleading with the Office:

(1) Pursuant to a delegation of authority under State Government Article, § 10-205, Annotated Code of Maryland; or

(2) As otherwise directed by an agency.

B. Timeliness. An initial pleading is timely when it is filed:

(1) Within the time period specified by relevant law; or

(2) If no time period is specified, within 30 days of the date of the notice of contested action.

C. Computation of Time. Unless otherwise provided by law:

(1) In computing a period of time, the day of the act, event, or default after which the designated period of time begins to run shall not be included.

(2) When computing a period of fewer than 8 days, intermediate Saturdays, Sundays, and holidays shall not be included.

(3) When computing a period of time for filing a document at the Office:

(a) The last day shall be included;

(b) If the last day falls on a Saturday, Sunday, holiday, or other day on which the Office is not open the entire day during Office business hours, the period runs until the end of the next day on which the Office is open the entire day during Office business hours.

D. Filing. Unless otherwise provided by law:

(1) An initial pleading is deemed to be filed on the earlier of the date that a request for hearing, along with all required fees, necessary documents, and other information, is postmarked or received by the:

(a) Office, if required to be filed with the Office; or

(b) Agency, if required to be filed with the agency;

(2) Other pleadings are deemed to be filed on the earliest of the date on which they are:

(a) Addressed to the Office and postmarked;

(b) With the permission of and in compliance with an order issued by an ALJ, emailed to and received by the Office; or

(c) Received by the Office; and

(3) Non-postmarked documents delivered or electronically transmitted to the Office after the close of Office business hours are deemed to be filed on the next day on which the Office is open for business.

Md. Code Regs. 28.02.01.04

Regulation .04 amended effective March 14, 1994 (21:5 Md. R. 405)
Regulations .04 adopted effective January 8, 2001 (27:26 Md. R. 2360)
Regulations .04 adopted effective March 22, 2010 (37:6 Md. R. 480); amended effective 46:26 Md. R. 1168, eff. 1/10/2020; amended effective 48:3 Md. R. 94, eff. 2/8/2021