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. 19, September 20, 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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