Current through Register Vol. 50, No. 25, December 15, 2023
A. A hearing shall
be held in accordance with the requirements of the Administrative Procedure
Act, Title 10, Subtitle 2, State Government Article, Annotated Code of
Maryland.
B. The Commissioner
delegates the authority to issue a proposed decision on a citation or penalty
to the Office of Administrative Hearings.
C. A proposed decision of the Office of
Administrative Hearings becomes a final order of the Commissioner 20 days after
the date it is issued, unless:
(1) The person
found to have violated Public Safety Article, Title 12, Subtitle 9, Annotated
Code of Maryland, or a regulation or order issued to carry out this law,
requests a review; or
(2) The
Commissioner orders review.
D. Review of Proceedings Before the
Commissioner.
(1) A request for review by a
person found to have violated Public Safety Article, Title 12, Subtitle 9,
Annotated Code of Maryland, or a regulation or order issued to carry out this
law, shall:
(a) Be in writing;
(b) Contain a concise statement identifying
each portion of the determination for which a review is requested;
(c) Be filed with the Commissioner within 20
days after the date the determination is issued; and
(d) Be mailed by the requesting party to all
other parties to the proceeding.
(2) Affected parties have the opportunity to
present argument to the Commissioner based on the record before the Office of
Administrative Hearings.
(3) Order
of the Commissioner.
(a) After review of the
proceedings, with or without a hearing, the Commissioner shall:
(i) Issue an order based on findings of fact;
and
(ii) Mail copies of the order to
all affected parties.
(b) The Commissioner's order shall affirm,
modify, or vacate the citation or proposed penalty, or direct other appropriate
relief.
E.
Hearings Before the Board of Boiler Rules.
(1) A hearing before the Board of Boiler
Rules shall be held before at least four members of the Board.
(2) A request for postponement of a hearing
may not be considered unless the presiding officer receives a request:
(a) In writing;
(b) At least 5 days before the scheduled
hearing date; and
(c) Setting forth
the reasons for the request.
(3) Presiding Officer.
(a) At a hearing before the Board , the
chairman of the Board or, in the chairman's absence, the chairman's designee,
shall be the presiding officer.
(b) A presiding
officer may:
(i) Administer oaths and
affirmations;
(ii) Rule on offers
of proof and procedural matters;
(iii) Regulate the course of the hearing,
including the conduct of parties and counsel;
(iv) Receive relevant evidence;
(v) Examine a witness; and
(vi) Take other action authorized by statute
or regulation.
(4) A hearing shall be recorded
verbatim.
(5) Hearing Procedure,
(a) The presiding officer shall:
(i) Call the title of the case;
(ii) Briefly explain the purpose and nature
of the hearing;
(iii) Recite any
charges, complaints, or other matters involved;
(iv) Administer the oath to all persons who
are to testify; and
(v) Receive any
stipulation entered into by the parties.
(b) Counsel or a party may address any
preliminary matter, exception, or motion.
(c) The following exhibits shall be
introduced:
(i) A copy of the petition, complaint, or other matter
involved in the hearing; and
(ii) A copy of the
notice of hearing.
(d) In a hearing on an
application for variance, the applicant shall proceed first and present
evidence to demonstrate either that the subject regulation is unreasonable or
that it imposes an undue burden on the applicant, and that equivalent safety
can be maintained. The presenter of evidence shall then present information
obtained as a result of the agency's investigation of the application.
(e) Subject to statutes and rules governing
the practice of law, a party or counsel representing a party may:
(i) Call witnesses;
(ii) Offer evidence, including rebuttal
evidence;
(iii) Cross-examine a
witness called by another party or the agency; and
(iv) Present argument and
summation.
(f) Any
member of the Board may examine a witness.
(g) The Board may permit or require a party
to file a written memorandum, which may include proposed findings of fact and
conclusions of law.
F. The Board shall:
(1) Issue a written determination which
includes findings of fact and conclusions of law, and an order disposing of the
proceedings; and
(2) Promptly serve
a copy of the determination on each party or the party's counsel of
record.
G. A party
aggrieved by a final order issued pursuant to this regulation may obtain
judicial review by filing a written petition with the appropriate circuit court
within 30 days of issuance of the final order.
Regulations .09 adopted
effective June 1, 1989 (16:10 Md. R. 1106)
Regulation .09 amended
effective March 5, 1990 (17:4 Md. R. 496); amended effective
45:8
Md. R. 419, eff. 4/23/2018
