Md. Code Regs. 29.03.01.22

Current through Register Vol. 51, No. 25, December 13, 2024

Section 29.03.01.22 - Regulated Firearm Application - Conduct of Hearing

A. An applicant may be represented at a hearing by an attorney-at-law licensed to practice in Maryland. The attorney shall file a notice of appearance and, when appropriate, a notice of substitution before the hearing or at the attorney's first appearance.

B. The notice of appearance remains in effect until the:

(1) Applicant files a written revocation of the attorney's authority;

(2) Attorney files a written statement of the attorney's withdrawal from the case;

(3) Attorney states on the record at the hearing that the attorney is withdrawing from the case; or

(4) Hearing officer receives notice of the attorney's disqualification or death.

C. After filing a notice of appearance in accordance with this regulation, and as long as the notice remains in effect, copies of all written communications or notices shall be sent to the attorney of record. Service on the applicant's attorney is service on the applicant.

D. The hearing resulting from the appeal of a disapproval of the application to purchase or transfer a regulated firearm shall be conducted in accordance with the Administrative Procedure Act and COMAR 28.02.01.

E. The review of the record by the administrative law judge consists of a review of all information available to the Secretary which formed the basis for the decision to disapprove the application, as well as any additional information that may be required by the State, the administrative law judge, or other sources.

F. The decision by the administrative law judge after a hearing or review of the record shall be issued in writing or stated for the record, and shall be accompanied by findings of fact and conclusions of law. A copy of the written decision shall be mailed or delivered to the applicant or the applicant's attorney of record.

G. The applicant may appeal the final decision to the circuit court under the provisions of the Administrative Procedure Act.

H. The burden of proof for the disapproval of an application to purchase a regulated firearm is the responsibility of the State.

Md. Code Regs. 29.03.01.22

Regulations .22 adopted as an emergency provision effective 40:21 Md. R. 1772, eff.10/1/2013 ; adopted permanently effective 40:25 Md. R. 2071, eff.12/23/2013