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2006 LAWS OF MARYLAND
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Ch. 283
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(1) IMPLEMENT REMEDIES UNDER § 19-110 OF THIS TITLE;
(2) IMPOSE SANCTIONS UNDER § 19-111 OF THIS TITLE; AND
(3) GOVERN THE CONDUCT OF THE PARTIES IN THE MANNER
DESCRIBED UNDER § 19-112 OF THIS TITLE SO THAT THE PURPOSES OF THIS TITLE
ARE ACHIEVED.
(D) (1) (I) FOR EACH CONTESTED CASE HEARING PROPERLY REQUESTED
BY THE BUSINESS ENTITY OR BY THE COMPLAINANT. THE ATTORNEY GENERAL
COMMISSION SHALL DELEGATE THE MATTER TO THE OFFICE OF ADMINISTRATIVE
HEARINGS TO ASSIGN AN ADMINISTRATIVE LAW JUDGE TO CONDUCT A HEARING IN
A MANNER CONSISTENT WITH THE REQUIREMENTS OF THIS SUBSECTION.
(II) AT THE CONTESTED CASE HEARING. THE COMMISSION SHALL
HAVE THE BURDEN OF PROOF BY A PREPONDERANCE OF THE EVIDENCE.
(2) THE OFFICE OF ADMINISTRATIVE HEARINGS SHALL CONDUCT ANY
CONTESTED CASE HEARING IN ACCORDANCE WITH ITS RULES OF PROCEDURE
UNDER COMAR 28.02.01.
(2) WITHIN 30 DAYS AFTER NOTICE TO THE PARTIES OF THE
COMMENCEMENT OF THE CONTESTED CASE HEARING BY THE ADMINISTRATIVE LAW
JUDGE, THE BUSINESS ENTITY SHALL FILE A WRITTEN RESPONSE TO THE ATTORNEY
GENERAL'S FINDINGS AND RECOMMENDED ACTIONS, ALONG WITH ANY CLAIMS
THAT THE BUSINESS ENTITY MAY HAVE UNDER THIS TITLE.
(3) THE RESPONSE OF THE BUSINESS ENTITY SHALL STATE IN DETAIL
ALL GROUNDS ON WHICH THE BUSINESS ENTITY CONTENDS THAT THE ATTORNEY
GENERAL'S FINDINGS OR RECOMMENDATIONS ARE NOT APPROPRIATE UNDER THIS
TITLE.
(4) AT LEAST 30 DAYS BEFORE THE HEARING, EACH PARTY SHALL
PROVIDE TO THE OTHER PARTIES COPIES OF ALL DOCUMENTS THAT THE PARTY
INTENDS TO INTRODUCE AS EVIDENCE AT THE HEARING.
(5) THE ADMINISTRATIVE LAW JUDGE MAY ENTER ANY ORDER THAT IS
DETERMINED TO BE REASONABLY NECESSARY OR CONVENIENT TO:
(I) GOVERN THE CONDUCT OF THE HEARING AND THE PARTIES SO
THAT THE PURPOSES OF THIS TITLE ARE ACHIEVED;
(II) CONCLUDE ANY HEARING AND ISSUE ANY DECISION WITHIN A
REASONABLE TIME; AND
(III) CONDUCT ANY HEARING IN A MANNER THAT IS CONSISTENT
WITH THIS TITLE AND ANY DUE PROCESS RIGHTS TO WHICH ANY PARTY IS
ENTITLED.
(6) THE HEARING SHALL AFFORD ALL PARTIES AN OPPORTUNITY TO
PRESENT WITNESSES, CONDUCT DIRECT AND CROSS EXAMINATION OF WITNESSES,
INTRODUCE RELEVANT EVIDENCE, SUBMIT BRIEFS, AND PRESENT ORAL ARGUMENT.
- 1592 -
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