Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.20 - Occupational Safety and Health
09.12.20.14 - Hearings - Prehearing Conference

Universal Citation: MD Code Reg 09.12.20.14

09.12.20.14. Hearings - Prehearing Conference

A. A party may request a prehearing conference with the assistant attorney general assigned to the case to:

(1) Exchange information;

(2) Attempt to resolve or narrow the issues; or

(3) Discuss settlement of a case.

B. Request for Prehearing Conference.

(1) A party who seeks a prehearing conference shall:

(a) Request a prehearing conference well in advance of the scheduled hearing; and

(b) Direct the request to the assistant attorney general assigned to the case.

(2) Unless all parties agree, a prehearing conference may not be held less than 10 days after the parties receive the notice of the conference.

(3) A scheduled hearing generally may not be postponed to allow the parties to have a prehearing conference.

C. Upon receipt of a request for a prehearing conference, the assistant attorney general assigned to the case shall:

(1) Schedule a conference for the earliest practicable time that is at least 10 days after the parties receive notice of the conference; and

(2) Serve on all parties a notice of the conference.

D. Notice of Prehearing Conference.

(1) A notice of prehearing conference shall:

(a) State the date, time, and place of the conference; and

(b) Inform affected employees of their right to participate in the conference.

(2) Upon receipt of a notice of prehearing conference, an employer shall:

(a) Post the notice conspicuously at or near each place where a citation shall be posted; and

(b) Keep the notice posted until the conference begins.

(3) At a prehearing conference, the assistant attorney general shall verify that:

(a) All parties were notified of the conference; and

(b) The notice was posted as required by this chapter.

E. If the prehearing conference results in an agreement between the parties that resolves or simplifies an issue or otherwise affects the conduct of the formal hearing, the agreement shall be stated on the record at the beginning of the hearing.

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