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§ 19-109. Contested case hearings

West's Annotated Code of MarylandState Finance and ProcurementEffective: April 14, 2009

West's Annotated Code of Maryland
State Finance and Procurement
Division II. General Procurement Law [Titles 11-End] (Refs & Annos)
Title 19. Commercial Nondiscrimination Policy (Refs & Annos)
Effective: April 14, 2009
MD Code, State Finance and Procurement, § 19-109
§ 19-109. Contested case hearings
Currentness
Request for hearing
(a) A request for a contested case hearing in accordance with the procedures specified in this section may be made by:
(1) a business entity, upon a Commission determination of probable cause for one or more of the allegations stated in the complaint against the business entity, and failure of timely conciliation; or
(2) a complainant on a Commission determination that the complainant has filed a knowingly false or frivolous complaint.
Notice of request for hearing
(b)(1) To submit a matter to an administrative hearing as a contested case under this title, the business entity or the complainant must request a contested case hearing by filing a written notice with the Commission within 15 calendar days of notice of the initial findings and recommendations.
(2) The notice must contain the following information:
(i) a demand that the matter be referred to the Office of Administrative Hearings for a contested case hearing in accordance with § 10-205(c)(2) of the State Government Article;
(ii) the names, addresses, and telephone numbers of the Commission, the business entity's representatives, and any other parties;
(iii) a reference to this title; and
(iv) a summary of the Commission's findings and recommendations that are being submitted for resolution to the administrative law judge for the contested case hearing.
(3) The requesting party shall immediately serve notice of the request for a contested case hearing upon all other parties.
Failure to request hearing
(c) If the business entity fails to properly request a contested case hearing, the initial findings and recommendations of the Commission shall become the final administrative decision of the State, and the Commission shall then be authorized to enter any order and to take any action reasonably necessary or convenient to:
(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.
Statement of charges
(d)(1)(i) For each contested case hearing properly requested by the business entity or by the complainant, the Commission shall file a statement of charges with the Office of Administrative Hearings and request a hearing before an administrative law judge in a manner consistent with the requirements of this subsection.
(ii) The Commission may designate the venue for the contested case hearing, taking into consideration the convenience of the parties and the location of the evidence.
(iii) 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.
(3)(i) At the conclusion of the contested case hearing, the administrative law judge shall issue a written decision.
(ii) The administrative law judge's written decision may:
1. affirm or reject all or part of the statement of charges; or
2. substitute different findings and recommend appropriate remedies.
(4) The administrative law judge's written decision shall be solely based on a preponderance of the evidence contained in the record of the contested case hearing and shall reflect the evidentiary basis for its findings.
(5) An administrative law judge may consider any evidence regarding the factors described in § 19-108(a) of this title when determining whether to sustain an allegation presented in a statement of charges.
Costs of representation, expert witnesses
(e) Notwithstanding any contrary provision in this title, unless the administrative law judge finds that one or more allegations giving rise to the Commission's findings or the business entity's challenge to the findings were frivolous or knowingly false when made, each party shall bear the cost of its own legal representation and expert witness fees.
Frivolous or knowingly false allegations; legal fees, expert witness fees
(f) If the administrative law judge finds that one or more allegations giving rise to the Commission's findings or the business entity's challenge to the findings was frivolous or knowingly false when made, the administrative law judge may require the party who made the frivolous or knowingly false allegations to bear all or a portion of the other party's legal fees and expert witness fees.
Conclusion of hearing within 180 days
(g) The business entity, the Commission, and the complainant shall cooperate in good faith to have the contested case hearing concluded within 180 days after the business entity issues its notice for a contested case hearing.
Frivolous or knowingly false allegations; contested case hearing
(h) If the Commission determines that one or more allegations are knowingly false or frivolous, the complainant making the allegations shall be entitled to a contested case hearing on the allegations that are determined to be knowingly false or frivolous in accordance with the procedures set forth in this section, except that all references to the business entity with respect to matters of contested case hearing rules and procedure shall apply to the complainant.
Failure to request contested case hearing
(i) If the complainant fails to properly request a contested case hearing regarding a determination of a knowingly false or frivolous allegation as provided in this title, the initial findings and recommendations shall become the final administrative decision of the State in accordance with § 19-112 of this title.
Vacation of remedy
(j)(1) If a timely contested case hearing is not requested, the Commission may vacate the Commission staff's recommended remedy on written notice to all parties within 5 business days after the time for requesting a contested case hearing has expired.
(2) In the absence of notice, the Commission shall be deemed to have approved the Commission staff's recommended remedy.
Application of State Government Article
(k) To the extent that procedures and standards stated in this title differ from those contained in Title 10, Subtitle 2 of the State Government Article, this title shall govern but, in all other respects, the provisions of the State Government Article shall govern.

Credits

Added by Acts 2006, c. 283, § 1, eff. Oct. 1, 2006. Amended by Acts 2007, c. 529, § 1, eff. Oct. 1, 2007; Acts 2007, c. 530, § 1, eff. Oct. 1, 2007; Acts 2009, c. 60, § 5, eff. April 14, 2009.
MD Code, State Finance and Procurement, § 19-109, MD STATE FIN & PROC § 19-109
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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