For contested cases involving State agencies that regulate certain actions of businesses and citizens, the Office of Administrative Hearings provides an unbiased and objective forum.
A citizen who disagrees with an action taken by a State administrative agency may appear before an administrative law judge to obtain an impartial review. Administrative law judges are independent of the government agency whose action is being contested. Appointed by the Chief Administrative Law Judge to conduct administrative hearings, they are attorneys who are members in good standing of the Maryland Bar and have practiced law for at least five years. Though based in the Baltimore area, the judges hear cases statewide at branch offices in Cumberland, Hunt Valley, Kensington, and Salisbury, as well as other locations throughout Maryland.
During Fiscal Year 2018, the Office heard 38,597 cases for State agencies. The majority of these cases related to the Motor Vehicle Administration, the Maryland Department of Health, and the Department of Human Services.
Since July 2010, the Office of Administrative Hearings has overseen a mediation process for homeowners facing foreclosure on owner-occupied residential property in Maryland. If a borrower requests mediation from the Circuit Court, an Administrative Law Judge meets with the mortgager and the lender to find agreement on an alternative to forclosure (Chapter 485, Acts of 2010; Code Housing & Community Development Article, sec. 4-507; Code Real Property Article, sec. 7-105.1).
Since January 30, 2020, the Office of Administrative Hearings became responsible for functions formerly assigned to the Handgun Permit Review Board (Chapters 2 & 4 Acts of 2020). Any person whose application for a handgun permit, or renewal of a permit, has been rejected or whose permit has been revoked, or limited, can ask the Office to review the decision of the Secretary of State Police. The Office either can sustain, reverse, or modify the decision of the Secretary, or conduct a hearing to establish facts.
The Office is headed by the Chief Administrative Law Judge, who is appointed to a six-year term by the Governor with Senate advice and consent (Code State Government Article, secs. 9-1601 through 9-1610).
The Council's ten members serve four-year terms. Seven are appointed by the Governor. The Senate President chooses a senator and the House Speaker a delegate to serve on the Council. The Attorney General serves ex officio (Code State Government Article, secs. 9-1608 through 9-1610).
Finance and Administration administers finance, procurement, and other administrative functions. It prepares and executes the agency's budget, pays invoices, accounts for expenditures of the agency, and procures goods and services (except for those concerned with information technology). In addition, it oversees human resources, fleet management, timekeeping, and payroll.
To ensure expeditious case management, Operations schedules and assigns cases to administrative law judges, reviews their caseloads to prevent backlogs, and monitors the timeliness of decisions. For the Office of Administrative Hearings, Operations responds to Public Information Act requests and monitors legislation during the General Assembly session.
Under Operations are the Records Management program and two units: Chief Clerk, and Information Technology Services.
To ensure that the judicial work of the Office of Administrative Hearings conforms to professional standards, meets statutory and regulatory requirements, and will withstand judicial scrutiny, Quality Assurance assists Administrative Law Judges with legal research and analysis, and reviews written decisions before their release. The office also trains new judges and offers mandatory judicial education for judges and legal staff.
Quality Assurance oversees the Office's library and maintains bench manuals of various case types, as well as up-to-date Case Digests.
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STATE ADVISORY COUNCIL ON ADMINISTRATIVE HEARINGS
The State Advisory Council on Administrative Hearings, authorized in 1989, was created in 1990 (Chapter 788, Acts of 1989). The Council advises the Chief Administrative Law Judge and identifies issues of importance to administrative law judges that should be addressed. The Council also reviews matters relating to administrative hearings, the administrative process, and policies and regulations proposed by the Chief Administrative Law Judge.
FINANCE & ADMINISTRATION
In 1990, Finance and Administration began as Administration. In 1997, it reorganized as Management and Administration and resumed its previous name in 2005. It assumed its present name in 2016.
OPERATIONS
Operations was formed in 1990.
RECORDS MANAGEMENT
Since October 1, 2017, the Office of Administrative Hearings has had a program for the continual, economical and efficient management of its records. The Office's Records Officer develops and oversees the program, and serves as liaison to the Records Management Division of the Department of General Services, and to the State Archives (Chapter 539, Acts of 2017; Code State Government Article, secs. 10-608 through 10-611).
QUALITY ASSURANCE
Quality Assurance started in 1990.
LIBRARY
The Office of Administrative Hearings Library houses federal and State statutes and regulations; published State agency policies; federal, State, and Office decisions, law reviews and treatises, and other publications. Certain materials may not be available for public review due to privileged and confidential information contained within them. In order to see an Office decision, a written public information request must be made and approved before a visit to the Library.
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e-mail: mdmanual@maryland.gov
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