Md. Code Regs. 28.03.01.02

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

Section 28.03.01.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Agency action" means the action, proposed action, or inaction of any unit of government that gives rise to:

(a) A contested case hearing conducted by the Office under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; or

(b) Any other Office proceeding.

(2) "ALJ" means an individual:

(a) Appointed as an Administrative Law Judge pursuant to State Government Article, § 9-1604(a) (2), Annotated Code of Maryland; or

(b) Designated pursuant to State Government Article, § 9-1607, Annotated Code of Maryland.

(3) Favorable Decision.

(a) "Favorable decision" means, except as provided in §B(3)(b) of this regulation, an ALJ's order or proposed order that:

(i) Dismisses or denies an agency enforcement action;

(ii) Takes no action under the Transportation Article, Annotated Code of Maryland;

(iii) Denies an insurer's proposed cancellation, nonrenewal, or reduction of motor vehicle liability insurance coverage for the person that requested the hearing under the Insurance Article, Annotated Code of Maryland;

(iv) Upholds the proposed action of an insurer that requested a hearing under the Insurance Article, Annotated Code of Maryland;

(v) Determines an arrearage was improperly certified under Family Law Article, § 10-113 or 10-113.1, Annotated Code of Maryland;

(vi) Denies the proposed report of an arrearage under Family Law Article, § 10-108.1, Annotated Code of Maryland; or

(vii) Rules out an individual as a suspected child abuser or suspected child neglector under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland.

(b) "Favorable decision" does not mean an order or proposed order of an ALJ that:

(i) Modifies a motor vehicle suspension or revocation order; or

(ii) Is based on another party's failure to appear at an Office proceeding.

(4) "Filed" means that a document is postmarked or received in accordance with COMAR 28.02.01.04D.

(5) "Filing fee" means a payment required to accompany a request for a hearing under this chapter.

(6) "Indigence" means that an individual's family household income is less than 50 percent of the median family income for the State as reported in the Federal Register.

(7) "Office" means the Office of Administrative Hearings.

(8) "Office proceeding" means any type or stage of legal process scheduled by the Office.

(9) "Person" means an individual, representative, corporation, or other entity, including any public or nonprofit corporation, or any agency or instrumentality of federal, State, or local government.

(10) "Subpoena processing fee" means a payment required to accompany a request for a subpoena under this chapter.

(11) "Working day" means a day on which the Office is open from 8 a.m. to 4:30 p.m.

Md. Code Regs. 28.03.01.02

Regulation .02B amended as an emergency provision effective October 1, 1993 (20:20 Md. R. 1566); amended permanently effective April 1, 1994 (21:5 Md. R. 406)
Regulation .02B amended effective January 12, 2001 (27:26 Md. R. 2361); amended effective 46:26 Md. R. 1168, eff. 1/10/2020