Md. Code Regs. 14.09.17.03

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

Section 14.09.17.03 - Authority of Chairman

A. Generally. Upon a determination by the Chairman of the Commission that an emergency or other event within the scope of Regulation .01 of this chapter significantly affects access to or the operations of one or more Commission hearing locations or other Commission facilities or the ability of the Commission to operate effectively, the Chairman, by Administrative Order, may, to the extent necessary:

(1) Suspend the operation of rules or regulations that cannot be implemented as intended because of the emergency;

(2) Direct that hearings or meetings be conducted remotely by electronic means, video or telephone, if existing facilities become inaccessible or unusable;

(3) Identify and direct the use of alternative locations to conduct Commission business if existing facilities become inaccessible or unusable;

(4) Transfer cases pending in one hearing location that becomes inaccessible or unusable to any other hearing location;

(5) Permit claims or documents to be filed in alternate locations or by alternative means if the normal location, that is, Baltimore City, is not reasonably accessible or usable;

(6) Suspend, toll, or grant relief from time deadlines or filing requirements that otherwise would expire when there is no practical ability of a party to comply with the deadline or seek other relief;

(7) Triage claims or issues and categories of claims or issues with respect to expedited treatment;

(8) Suspend any Commission business not deemed essential;

(9) Designate other Commissioners or recall Commissioners or Commission officials to implement directives entered by the Chairman or the Governor; and

(10) Take any other appropriate action necessary to assure that essential Commission business is effectively handled by the Commission.

B. Duration; Compatibility with Governor's Directives. The authority granted in §A of this regulation may be implemented only as necessary during the emergency or its immediate aftermath and, if exercised following an emergency declared by the Governor, shall be compatible with directives and orders issued by the Governor. Promptly upon termination of the emergency, the Chairman shall review all directives issued pursuant to §A of this regulation and determine a reasonable schedule for the rescission of those directives.

C. Chairman Unavailable. During any period in which the Chairman is unavailable to exercise the authority granted in §A of this regulation, that authority may be exercised by the Commissioner on the Commission most senior in length of service on the Commission, unless the Chairman has designated another Commissioner on the Commission to exercise that authority or the Governor has designated another Commissioner on the Commission to serve as Acting Chairman during that period.

D. Notice and Posting of Directives. To the extent practicable, a copy of all directives and orders issued under §A of this regulation following a declaration of emergency by the Governor shall be sent to the Governor and shall be posted on the Commission website.

Notices may be sent electronically and may be posted through Commission social media accounts as appropriate.

Md. Code Regs. 14.09.17.03

Regulation .03 adopted effective 47:9 Md. R. 476, eff. 3/13/2020; amended effective 47:14 Md. R. 675, eff. 7/16/2020; amended effective 48:20 Md. R. 890, eff. 10/18/2021