Md. Code Regs. 13A.01.07.07

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

Section 13A.01.07.07 - Appeals

A. The Superintendent has delegated authority to administrative law judges of the Office of Administrative Hearings to make the final administrative decision on the appeal of the Superintendent's decision in a complaint brought under this chapter.

B. Hearing Requests.

(1) Either party may appeal the Superintendent's decision to the Office of Administrative Hearings by filing a request for hearing with the Department.

(2) The hearing request:

(a) Shall be filed within 10 days from the date notice of the Superintendent's decision is sent to the party; or

(b) If the Superintendent does not issue a decision within the 120-day time period required by Regulation .06D(3) of this chapter, may be filed within 130 days after the complaint is filed.

(3) If the subject of the Superintendent's decision is also before the State Board on an appeal filed pursuant to COMAR 13A.01.05 as described in Regulation .04H of this chapter, the party shall choose between:

(a) Filing a request for a hearing to appeal the Superintendent's decision to the Office of Administrative Hearings and withdrawing the State Board appeal; or

(b) Pursuing the appeal before the State Board pursuant to COMAR 13A.01.05 and foregoing a hearing request to appeal the Superintendent's decision.

(4) The hearing request shall state:

(a) The name and address of the parties and any representatives of the parties; and

(b) The date of the Superintendent's decision.

(5) The Superintendent and the Department may not participate as a party in an appeal.

(6) The Department shall forward a hearing request to the Office of Administrative Hearings within 5 days of the filing date.

C. Hearing Procedures.

(1) Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.

(2) The party filing the appeal and request for a hearing shall have the burden of proof by a preponderance of the evidence.

(3) The appeal hearing shall be held in the county where the alleged discrimination occurred.

D. The administrative law judge shall issue, by regular mail, a decision and order to the parties stating:

(1) Findings of fact;

(2) Conclusions of law; and

(3) If the administrative law judge finds that the respondent has violated Education Article, § 26-704, Annotated Code of Maryland, a directive:

(a) To cease and desist from engaging in the discrimination; and

(b) To take any affirmative action necessary to effectuate the purposes of Education Article, § 26-701 et seq., Annotated Code of Maryland.

E. A decision by an administrative law judge of the Office of Administrative Hearings in an appeal under this chapter is the final administrative decision and may be appealed to the circuit court pursuant to State Government Article, § 10-222, Annotated Code of Maryland.

Md. Code Regs. 13A.01.07.07

Regulation .07 adopted effective 50:25 Md. R. 1089, eff. 12/25/2023