Md. Code Regs. 14.03.01.11

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.03.01.11 - Administrative Hearing Proceedings

A. General Information.

(1) Location of Hearing. An administrative law judge shall conduct the hearing at a place in Baltimore City or the county in which the discriminatory practice is alleged to have occurred.

(2) The administrative law judge shall conduct the hearing in accordance with COMAR 28.02.01.07, and State Government Article, § 20-1008(a), Annotated Code of Maryland.

(3) Time Computations.

(a) Time computations under this regulation shall be in accordance with Article 1, § 36, Annotated Code of Maryland.

(b) Except for time periods required by statute, the administrative law judge may enlarge or reduce any time period required under this regulation when necessary to avoid prejudicing the public interest or the rights of the parties.

(c) In computing any time period involved, the date of the issuance of an order or decision by an administrative law judge is the date the order or decision is served by the Office of Administrative Hearings.

(d) Documents are not filed until received by the Office of Administrative Hearings.

(4) Service and Filing.

(a) Service of documents under this regulation shall be in accordance with COMAR 28.02.01.24.

(b) Copies of all filed documents shall be served on all parties of record.

(c) All filed documents shall clearly designate the docket number, if any, title of the proceeding, and certificate of service.

(d) Parties shall file all documents with the Office of Administrative Hearings.

B. Administrative Law Judge.

(1) Authority. The powers and duties of an administrative law judge shall be in accordance with COMAR 28.02.01.08AA and B.

(2) Disqualification. Any disqualification of an administrative law judge shall be in accordance with COMAR 28.02.01.08C.

(3) Ex Parte Communications. An ex parte communication shall be defined and prohibited in accordance with State Government Article, § 10-219, Annotated Code of Maryland.

C. Parties. Parties to the proceedings include:

(1) The Commission that files the charge under Regulation .10 of this chapter seeking appropriate relief for an aggrieved party and the public interest;

(2) A complainant who is the person who files a complaint of discrimination issued under Regulation .03 of this chapter;

(3) A respondent who is a person named in the complaint issued under Regulation .03 of this chapter against whom relief is sought;

(4) An aggrieved person who may file a request for intervention under COMAR 28.02.01.12C; and

(5) Representation of the parties which shall be in accordance with COMAR 28.02.01.09C.

D. Pleadings and Motions.

(1) Pleadings.

(a) Form. Every pleading, motion, brief, or other document shall contain a caption setting forth the title of the proceeding, the case number assigned by the Commission, and the designation of the type of document (for example, charge, answer, or motion to dismiss).

(b) Signature.

(i) Every pleading, motion, brief, or other document filed by a party shall be signed by the party, the party's representative, or the attorney representing the party, and shall include the signer's address and telephone number.

(ii) The signature constitutes a certification that the signer has read the document, that to the best of the signer's knowledge, information, and belief there is good ground to support the document, and that it is not interposed for delay.

(2) Motions. All motions to an administrative law judge shall be in accordance with COMAR 28.02.01.16C except when otherwise provided in Regulation .10F of this chapter.

E. Discovery. Discovery shall be conducted in accordance with COMAR 28.02.01.10C.

F. Subpoenas. Subpoenas shall be issued in accordance with State Government Article, §§ 20-1010 and 20-1023, Annotated Code of Maryland, and COMAR 28.02.01.11C.

G. Hearing Procedures.

(1) Place. The hearing shall be conducted in Baltimore City or the county where the discriminatory practice is alleged to have occurred.

(2) Notice of Hearing. The parties shall be notified of the hearing in accordance with Regulation .10D(2) of this chapter.

(3) Conduct of Hearing. The hearing shall be conducted in accordance with COMAR 28.02.01.17C.

(4) Evidence. Evidence shall be admitted in accordance with State Government Article, § 10-213, Annotated Code of Maryland, and COMAR 28.02.01.18C.

(5) Stipulations. The administrative law judge may accept stipulations in accordance with COMAR 28.02.01.15C upon the showing of mutual consent of the parties.

(6) Affidavits. The administrative law judge may accept affidavits in accordance with COMAR 28.02.01.15C upon showing:

(a) Mutual consent of the parties;

(b) That the affiant is unavailable to testify; and

(c) That the party seeking to introduce the affidavit has exercised reasonable diligence to locate the affiant.

(7) Failure to Attend Hearing and Default. A party's failure to attend a hearing and the subsequent default process shall be in accordance with COMAR 28.02.01.20C.

(8) Appointment of Interpreter. In situations when an interpreter is required, appointment shall be made in accordance with COMAR 28.02.01.19C.

(9) Public Hearings. Proceedings under this regulation shall be open to the public in accordance with COMAR 28.02.01.21C.

(10) Transcript of Hearing Record.

(a) The administrative law judge shall cause the testimony taken at the hearing to be transcribed.

(b) This transcript, together with all pleadings, exhibits, and other materials introduced into evidence shall constitute the record of the case as defined by State Government Article, § 10-218, Annotated Code of Maryland.

H. Decision of Administrative Law Judge.

(1) In General.

(a) The administrative law judge shall issue a decision and order including findings of fact and conclusions of law upon each material issue of fact and law presented on the record.

(b) Decisions by the administrative law judge shall be in accordance with COMAR 28.02.01.22C.

(2) Finding Against Respondent.

(a) If the administrative law judge finds that a respondent has engaged in a discriminatory practice, the administrative law judge shall issue a decision against the respondent and order such relief as may be appropriate.

(b) This order shall set out the mechanism by which its provisions shall be monitored for compliance.

(3) Finding in Favor of Respondent. If the administrative law judge finds that a respondent has not engaged in a discriminatory practice, the administrative law judge shall make an initial decision dismissing the charge.

(4) Service of Decision. The decision of an administrative law judge shall be delivered to all parties, the complainant, the respondent, and the Commission with a notice indicating the right of the Commission, the complainant, or the respondent to enter an appeal of this decision to an appeal board of the Commission within 30 days, in accordance with State Government Article, § 20-207(f), Annotated Code of Maryland, and Regulation .12 of this chapter.

(5) Final Decision and Order. In the absence of a timely appeal, the decision of the administrative law judge shall become the final decision and order of the Commission, signed by the chairman, and from which no further administrative appeal may be taken.

Md. Code Regs. 14.03.01.11

Regulation .11 adopted effective April 6, 1979 (6:7 Md. R. 579)