Md. Code Regs. 22.06.06.02

Current through Register Vol. 51, No. 20, October 4, 2024

Section 22.06.06.02 - Hearings - General.

A. When Hearings Shall Be Held.

(1) If an applicant timely files a -written request for a hearing, a hearing shall be held if:

(a) The Board of Trustees denied the applicant a disability retirement allowance under COMAR 22.06.05;

(b) The medical board rejected the disability forms submitted by a former member under COMAR 22.06.02.04; or

(c) The Disability Unit denied the disability claim of an applicant under COMAR 22.06.03.01A(3).

(2) Unless the member waives the hearing in writing, a hearing shall be held if the Board of Trustees approves an application submitted by the Secretary of State Police on behalf of the member in accordance with COMAR 22.06.02.03D.

B. Date, Time, Place, and Notice of Hearing.

(1) The Retirement Agency shall coordinate with the applicant and the Office to schedule a hearing before a judge at the central office of the Office of Administrative Hearings.

(2) The designation of a site for a hearing, other than the central office of the Office of Administrative Hearings, requires the Retirement Agency's consent.

(3) The Office shall issue a written hearing notice that conforms to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, within a reasonable time before the hearing.

C. Each party is required to provide every other party with a copy of any written communication with the Office or a judge, including but not limited to a request for postponement or a request for a subpoena.

D. Not less than 20 days prior to the hearing, each party shall provide written notification to every other party of the name and identify of each witness the party may call to testify at the hearing.

E. Conduct of the Hearing.

(1) The burden of proof shall be on the applicant.

(2) An applicant may represent oneself at the hearing, or may be represented by an attorney who is licensed to practice law in Maryland.

F. Official Record.

(1) The judge shall prepare and submit to the Retirement Agency an official record of the hearing which shall include all orders, pleadings, exhibits, materials submitted in connection with any prehearing conference, other material filed in the proceeding, and any testimony transcribed according to §F(2) of this regulation.

(2) A party may request a transcript of the record of the proceedings. The cost of typewritten transcripts shall be paid by the party requesting the transcript.

G. Final Decision.

(1) The judge shall prepare a summary of the testimony, comment on credibility and demeanor of the witnesses, and prepare written findings of fact and conclusions of law, and shall issue a final decision within 90 days after the completion of the hearing.

(2) The judge shall mail a copy of the decision to the parties and the Board Secretary.

Md. Code Regs. 22.06.06.02

Regulation .02 amended effective October 15, 2012 (39:20 Md. R. 1309); amended effective 43:23 Md. R. 1280, eff. 11/24/2016