Md. Code Regs. 28.02.01.02

Current through Register Vol. 51, No. 22, November 1, 2024

Section 28.02.01.02 - Definitions

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) "Affidavit" means a written statement, signed under penalties of perjury, affirming that the statements it contains are true:

(a) Based upon the affiant's personal knowledge; or

(b) To the best of the affiant's knowledge, information, and belief.

(2) "Agency" means a unit of government the action of which gives rise to:

(a) A contested case hearing under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; or

(b) Any other proceeding before the Office.

(3) "ALJ" means an individual:

(a) Appointed as an Administrative Law Judge pursuant to the requirements established under State Government Article, § 9-1604(a)(2), Annotated Code of Maryland; or

(b) Designated as an Administrative Law Judge pursuant to State Government Article, § 9-1607, Annotated Code of Maryland.

(4) "Authorized representative" means an attorney or, when permitted by applicable law, another individual.

(5) "Certified mail" means mail deposited with the United States Postal Service, postage prepaid, return receipt requested.

(6) Docket Entry.

(a) "Docket entry" means the filing of a pleading or case status report by a party to an Office proceeding, or a request for the scheduling of em Office proceeding.

(b) "Docket entry" does not include the entry or withdrawal of appearance of counsel.

(7) "Filed" means that a document is postmarked or received in accordance with Regulation .04D of this chapter.

(8) "Final decision maker" means the person or entity authorized by law or delegation to render the final decision in a contested case or other proceeding before the Office.

(9) "Initial pleading" means a notice of agency action, a request for a hearing on an agency action, or any other transmittal that initiates a proceeding scheduled by the Office.

(10) "Law" means State and federal constitutions, statutes, regulations, and relevant case law.

(11) "Office" means the Office of Administrative Hearings.

(12) "Office business hours" means 8 a.m. to 4:30 p.m. on a day that is not a Saturday, Sunday, or holiday.

(13) "Office proceeding" means any type or stage of legal process, remote or in person, scheduled by the Office.

(14) "Party" means a person named or permitted to participate in a case before the Office.

(15) "Person" means an individual, representative, corporation, or other entity, including a public or nonprofit corporation, or an agency or instrumentality of federal, State, or local government.

(16) "Proposed decision" means a document issued pursuant to a delegation under State Government Article, § 10-205(b), Annotated Code of Maryland, authorizing one or more of the following:

(a) Proposed findings of fact;

(b) Proposed conclusions of law; or

(c) A proposed order.

(17) "Remote proceeding" means any Office proceeding conducted in whole or part by telephone or other audio means, by video or other audio-visual means, or by a combination of in-person, audio, and audio-visual means.

Md. Code Regs. 28.02.01.02

Regulation .02B amended effective March 14, 1994 (21:5 Md. R. 405)
Regulations .02 adopted effective January 8, 2001 (27:26 Md. R. 2360)
Regulations .02 adopted effective March 22, 2010 (37:6 Md. R. 480); amended effective 46:26 Md. R. 1168, eff. 1/10/2020; amended effective 48:3 Md. R. 94, eff. 2/8/2021