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
Section 09.12.20.13 - Hearings - General
Universal Citation: MD Code Reg 09.12.20.13
Current through Register Vol. 51, No. 19, September 20, 2024
A. Application.
(1) This regulation supplements the notice
and hearing requirements of the Administrative Procedure Act-Contested Cases,
State Government Article, Title 10, Subtitle 2, Annotated Code of
Maryland.
(2) In the event of a
conflict with COMAR 28.02.01, the provisions set forth in this chapter control
the conduct of a hearing conducted under the Act.
B. Discovery. Except as required by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, discovery, including a request for production of documents, interrogatories, and depositions, is not allowed.
C. Service.
(1) A party may be served with a
document by:
(a) Personal delivery;
or
(b) Mail sent to the last known
address of the party.
(2) A person serving a document shall certify
to the manner and date of service.
D. Notice of Hearing.
(1) The Commissioner shall serve notice of a
hearing on all parties at least 10 days before the hearing, and ensure that the
notice conforms to State Government Article, Title 10, Subtitle 2, Annotated
Code of Maryland.
(2) When the
Commissioner appoints a hearing examiner to hold a hearing under this chapter,
the Commissioner or the Commissioner's authorized representative shall provide
to the hearing examiner a copy of the notice of hearing, together with the
citation and notice of contest or any written request for hearing.
E. Subpoena.
(1) On application of a party, the hearing
examiner assigned the case shall immediately issue a subpoena requiring the:
(a) Attendance and testimony of a witness;
and
(b) Production of evidence,
including relevant books, records, correspondence, or documents in the
possession or under control of the person subpoenaed.
(2) An application for subpoena may be made
ex parte.
(3) A subpoena shall show
on its face the name and address of the party requesting the
subpoena.
(4) A hearing examiner
shall recommend to the Commissioner that proceedings be initiated to enforce
the subpoena, if:
(a) A person fails to
comply with a subpoena; and
(b) In
the hearing examiner's opinion, the testimony of the witness is material to the
proceedings.
F. Parties.
(1) Employee.
(a) An affected employee may elect to
participate as a party by filing a written request for party status with the
hearing examiner.
(b) A request for
party status shall be filed:
(i) Before the
hearing begins; or
(ii) For good
cause shown, at a later date.
(c) If a hearing examiner denies a request
for party status:
(i) An employee may file
with the Commissioner a written request for review of the denial; and
(ii) The Commissioner immediately shall
review the request.
(2) Employer. If an employee files a notice
of contest challenging the reasonableness of the period for abatement of a
violation, the employer responsible for abating the violation may elect party
status at any time before the hearing begins.
(3) Representatives of Parties.
(a) A party may appear in person or through a
representative.
(b) An affected
employee represented by an authorized representative may appear only through
the representative.
(c) A party may
withdraw the appearance of its representative by:
(i) Filing a written notice of withdrawal;
and
(ii) Serving a copy of the
notice on each party.
(d) A representative of a party shall control
all matters affecting the party's interest in the proceeding.
G. Postponement.
(1) Postponement of a hearing generally is
not allowed.
(2) Except in the case
of an emergency or in unusual circumstances, a request for postponement may not
be considered unless it is received in writing by the Commissioner or the
hearing examiner at least 3 work days before the date set for the
hearing.
(3) A postponement of more
than 30 days is not allowed without the approval of the Commissioner.
H. Failure to Appear.
(1) Except as otherwise provided by this
section, if a party filing a notice of contest fails to appear at a hearing of
which that party has notice, the failure is considered:
(a) A waiver of the hearing; and
(b) Except for a hearing on a motion or other
procedural matter, a withdrawal of the notice of contest.
(2) When a failure to appear at a hearing is
considered a withdrawal of the notice of contest, the:
(a) Hearing examiner shall promptly serve on
all parties notification that the notice of contest is considered to have been
withdrawn; and
(b) Party filing the
notice of contest has 15 work days from receipt of the notice of withdrawal to
request the notice of contest be reinstated.
(3) A request for reinstatement:
(a) Shall be filed in writing with the
Commissioner; and
(b) May be
granted by the Commissioner only upon a showing of good cause for the failure
to appear for hearing.
I. Record of Hearing. A hearing, including a hearing on a motion, shall be recorded word for word.
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