Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.43 - Maryland Apprenticeship and Training
Section 09.12.43.19 - Hearings

Universal Citation: MD Code Reg 09.12.43.19

Current through Register Vol. 51, No. 6, March 22, 2024

A. Notice of Hearing.

(1) Within 10 days of receipt of a request for hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge.

(2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the appropriate sponsor.

(3) The notice shall include:
(a) A reasonable date, time, and place of the hearing;

(b) Reference to the provisions of this subtitle under which the hearing is being held; and

(c) A concise statement of the matters under which the action forming the basis of the hearing is proposed to be taken.

B. Conduct of Hearings.

(1) The administrative law judge shall:
(a) Regulate the course of the hearing; and

(b) On the basis of the record:
(i) Make proposed findings, and

(ii) Recommend decisions.

(2) Hearings shall be informally conducted.

(3) All parties have the right to counsel and a fair opportunity to present the case, including cross-examination as may be appropriate in the circumstances.

C. Rules of Procedure.

(1) All hearings shall be public.

(2) The administrative law judge shall explain the purpose and nature of the hearing.

(3) The following exhibits shall be introduced:
(a) The written complaint;

(b) Acknowledgment of complaint;

(c) Preliminary investigation; and

(d) Written request for hearing.

(4) Rules of evidence in all hearings shall be as set forth in State Government Article, 10-213 and 10-214, Annotated Code of Maryland.

(5) A party involved in the complaint may appear at the hearing in person or by counsel.

(6) All decisions of the Council shall be in writing and given to each party involved.

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