01.01.1991.18

EXECUTIVE ORDER 01.01.1991.18 Office of Administrative Hearings [Amended COMAR 01.01.1989.21]

A. Exemptions Relating to Federal Approval Process.

(1) The following contested cases of the following departments are temporarily exempted from the provisions of Chapter 788 of the Acts of 1989 until 15 days after their receipt of the necessary federal approvals or waivers:

(a) Maryland Occupational Safety and Health hearings within the Department of Licensing and Regulation;

(b) Medicaid hearings within the Department of Health and Mental Hygiene;

(c) Aid to Families with Dependent Children, child welfare, foster care and adoption program hearings (Titles IV-A, IV-B and IV-E of the Social Security Act) within the Department of Human Resources; and

(d) Disability Determination hearings within the State Department of Education.

(2) The State Superintendent of Schools and the Secretaries of Licensing and Regulation, Health and Mental Hygiene and Human Resources shall request the necessary approvals and waivers from the federal government, and shall advocate for an expeditious and affirmative federal response. The Superintendent and Secretaries shall keep the Chief Administrative Law Judge informed of the status of their requests and the Chief Administrative Law Judge shall provide assistance as necessary to ensure a prompt and favorable federal response.

(3) The Superintendent and the Secretaries shall notify the Governor and the Chief Administrative Law Judge immediately upon receipt of any federal response.

(4) All other contested case hearings of the Departments of Licensing and Regulation, Health and Mental Hygiene and Human Resources and the State Department of Education shall be heard pursuant to Chapter 788 of the Acts of 1989.

B. Department of Economic and Employment Development.

(1) Contested case hearings regarding Unemployment Insurance are temporarily exempted through June 30, 1992, from the provisions of Chapter 788 of the Acts of 1989.

(2) The State Advisory Council on Administrative Hearings shall study the advisability of the temporary exemption for Unemployment Insurance hearings and shall submit a report and recommendation to the Governor continuing the temporary exemption through June 30, 1994.

(3) All other contested hearings of the Department of Economic and Employment Development shall be heard pursuant to Chapter 788 of the Acts of 1989.

C. Public Information Act Hearings. All Public Information Act hearings pursuant to §10-622 of the State Government Article of all agencies, except those expressly exempt by Chapter 788 of the Acts of 1989, shall be heard by an administrative law judge unless the hearing is conducted by the agency head, a board or a commission.

D. Agencies Covered by the Act. Except as set forth in paragraphs A and B above, the contested case hearings of the following agencies shall be conducted by administrative law judges unless the hearing is conducted by the agency head, a board or a commission:

(1) Board of Public Works;

(2) Department of Agriculture;

(3) Department of Budget and Fiscal Planning;

(4) Department of Economics and Employment Development;

(5) Department of Environment;

(6) Department of Health and Mental Hygiene;

(7) Department of Housing and Community Development;

(8) Department of Human Resources;

(9) Department of Juvenile Services;

(10) Department of Licensing and Regulation;

(11) Department of Natural Resources;

(12) Department of Personnel;

(13) Department of Public Safety and Correctional Services;

(14) Department of Transportation;

(15) Human Relations Commission;

(16) Maryland Tax Court;

(17) Office of the Attorney General;

(18) Office on Aging;

(19) Securities Division;

(20) State Department of Education;

(21) State Retirement and Pension Systems; and

(22) The State Treasurer.

E. Agencies Currently Unaffected by Chapter 788.

(1) The following agencies currently either (i) do not conduct contested case hearings or (ii) do not use hearing officers, but have the case heard by the agency head, a board or a commission; and, therefore, are not currently affected by Chapter 788 of the Acts of 1989:

(a) Department of Assessments and Taxation;

(b) Board of Public Works (State Wetlands matters);

(c) Department of Budget and Fiscal Planning (nonpayment of pension fund cases only);

(d) Department of General Services;

(e) Department of Juvenile Services (intake officer functions only);

(f) Maryland Automobile Insurance Fund;

(g) Maryland State Lottery Commission;

(h) Military Department;

(i) Office of the Attorney General--Consumer Protection Division arbitrations;

(j) Property Tax Assessment Appeals Board;

(k) Secretary of State;

(l) State Accident Fund;

(m) State Administrative Board of Election Laws;

(n) State Archivist/Commissioner of Land Patents;

(o) State Board of Contract Appeals; and

(p) Subsequent Injury Fund.

(2) If the circumstances for any agency listed in paragraph E(1) above change so that the agency conducts contested case hearings, Chapter 788 of the Acts of 1989 shall apply to the agency unless the agency head, a board or a commission conducts the hearing.

F. All Other State Agencies. All other State agencies, if any, that are not mentioned in paragraphs A through E are temporarily exempt.

Effective date: January 1, 1990 (17:2 Md. R. 141)

Amended effective July 1, 1991 (18:15 Md. R. 1690)