Code of Maryland Regulations
Title 13A - STATE BOARD OF EDUCATION
Subtitle 12 - EDUCATOR LICENSURE
Chapter 13A.12.06 - Disciplinary Actions and Denials
Section 13A.12.06.04 - Hearing Procedures

Universal Citation: MD Code Reg 13A.12.06.04

Current through Register Vol. 51, No. 19, September 20, 2024

A. If the license holder requests a hearing in writing within the 30-day period, the State Superintendent of Schools shall promptly refer the case to the Office of Administrative Hearings.

B. If the written charges were filed against the license holder by the local superintendent of schools or an administrator of a nonpublic school under Regulation .03 of this chapter, a representative from the local school system or nonpublic school shall present the case before the Office of Administrative Hearings.

C. Hearing procedures are in accordance with the Administrative Procedure Act, State Government Article, § 10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.

D. The administrative law judge shall determine if the charges against the license holder are supported by a preponderance of the evidence.

E. The administrative law judge shall submit in writing to the State Superintendent of Schools proposed findings of fact, proposed conclusions of law, and recommendations. The administrative law judge shall distribute this written proposed decision to the parties.

F. A party objecting to the administrative law judge's proposed decision may file exceptions with the State Superintendent of Schools within 15 calendar days of the date of the decision, and:

(1) The party filing exceptions shall ensure that a copy of the exceptions are provided to the opposing party;

(2) An opposing party may respond to the exceptions within 15 calendar days of the date of the exceptions;

(3) All parties shall have an opportunity for oral argument before the State Superintendent of Schools before a final decision is made; and

(4) The State Superintendent of Schools shall limit oral argument to 15 minutes per side.

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