Md. Code Regs. 13A.01.05.07

Current through Register Vol. 51, No. 21, October 18, 2024

Section 13A.01.05.07 - Hearing Procedures

A. Transfer to the Office of Administrative Hearings.

(1) The State Board shall transfer an appeal to the Office of Administrative Hearings for review by an administrative law judge under the following circumstances:

(a) An appeal of a school consolidation, school redistricting, or school closing pursuant to COMAR 13A.02.09;

(b) An appeal of a certificated employee suspension or dismissal pursuant to Education Article, § 6-202, Annotated Code of Maryland; or

(c) An appeal upon review in which the State Board finds that there exists a genuine dispute of material fact.

(2) If a motion to dismiss is filed, the State Board may rule on the motion without first transferring the appeal to the Office of Administrative Hearings.

B. Transcripts.

(1) Except as provided in §B(2) of this regulation, in an appeal of a suspension or dismissal of a certificated employee, the entire record of the proceedings before the local board shall be prepared and transcribed at the expense of the local board and shall be made a part of the record of the proceedings.

(2) Both parties may agree by way of written stipulation to omit from the record and transcript portions not relevant for consideration by the State Board.

C. Additional Testimony or Documentary Evidence.

(1) Additional testimony or documentary evidence may be introduced by either party if the administrative law judge finds that the evidence is relevant and material and there were good reasons for the failure to offer the evidence in the proceedings before the local board, but evidence that is unduly repetitious of that already contained in the record may be excluded by an administrative law judge.

(2) Notwithstanding §C(1) of this regulation, the administrative law judge may permit repetitious testimony if credibility is an issue.

D. Except as otherwise provided in this chapter, hearing procedures shall be in accordance with the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and COMAR 28.02.

E. The administrative law judge shall submit in writing to the State Board a proposed decision containing findings of fact, conclusions of law, and recommendations, and distribute a copy of the written proposed decision to the parties.

F. Exceptions.

(1) A party objecting to the administrative law judge's proposed decision may file exceptions with the State Board within 15 days of the date of the proposed decision.

(2) A party may respond within 15 days of the date the exceptions were filed.

(3) As appropriate, each party shall append to the party's exceptions or response to exceptions copies of the pages of the transcript that support the argument set forth in the party's exceptions or response to exceptions.

(4) If exceptions are filed, all parties shall have an opportunity for oral argument before the State Board before a final decision is rendered.

(5) Oral argument before the State Board shall be limited to 10 minutes per side. The State Board at its sole discretion may shorten or lengthen the time period for oral argument.

(6) The rules set forth in Regulation .04D of this chapter apply to oral arguments on exceptions.

Md. Code Regs. 13A.01.05.07

Regulation .07F amended effective November 26, 2012 (39:23 Md. R. 1532); amended effective 46:3 Md. R. 106, eff. 2/11/2019