Md. Code Regs. 30.02.07.07

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

Section 30.02.07.07 - Evidentiary Hearing

A. A respondent who has requested a summary suspension hearing may, within 10 days of the issuance of a summary suspension order or order reaffirming a summary suspension, request a full evidentiary hearing.

B. At least 6 members of the EMS Board shall be present for a full evidentiary hearing before the EMS Board.

C. If a full evidentiary hearing is requested, the EMS Board, if it so elects, may expedite the pending proceeding under COMAR 30.02.05 so that the hearing under COMAR 30.02.05.07 is combined with the full evidentiary hearing on the summary suspension order. The EMS Board may issue a final decision on the merits.

D. If a full evidentiary hearing is requested by the respondent, the EMS Board shall give all parties notice of the hearing date and other information as required by State Government Article, § 10-208, Annotated Code of Maryland. The notice shall also state whether the EMS Board has expedited the COMAR 30.02.05.07 hearing so that the matter is finally resolved with a single EMS Board hearing if the EMS Board has so elected.

E. The full evidentiary hearing is conducted under COMAR 30.02.06, except that the provisions of this chapter govern if there is any conflict between this chapter and COMAR 30.20.06.

F. The full evidentiary hearing shall take place within 60 days of the request for a full evidentiary hearing unless the parties agree to a later date.

G. The EMS Board may delegate the full evidentiary hearing to the Office of Administrative Hearings by written notice to the respondent within 10 days of the respondent's request for an evidentiary hearing.

H. If the full evidentiary hearing is before the Office of Administrative Hearings, after the hearing, the administrative law judge shall provide the EMS Board with proposed findings of fact and conclusions of law and a proposed disposition.

I. The EMS Board is the final decision maker and is not bound by the proposed decision of the administrative law judge.

J. Upon receipt of the decision of the administrative law judge and upon the conclusion of the exception process provided in COMAR 30.02.06.22, if any exceptions are filed, or, if the hearing is before the EMS Board, upon the conclusion of the hearing before the EMS Board, the EMS Board shall issue a final decision based on its findings of fact and conclusions of law which shall be served on the respondent by certified and regular mail.

K. Within 30 days of the final decision of the EMS Board, either party may file a motion for reconsideration which is granted at the EMS Board's discretion.

L. There is no automatic right to a reconsideration hearing before the Board.

M. The EMS Board may or may not ask for a response from the opposing party.

N. If a party moves for reconsideration, the time for seeking judicial review of the EMS Board's final decision is calculated from the date the EMS Board rules on the reconsideration motion.

O. The EMS Board shall rule promptly on a motion for reconsideration.

Md. Code Regs. 30.02.07.07