Md. Code Regs. 14.35.20.04

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.35.20.04 - Service of Notices, Decisions, Orders, and Other Documents

A. The Board Secretary shall provide notice of a hearing pursuant to State Government Article, § 10-209, Annotated Code of Maryland.

B. The notice shall state:

(1) The date, time, place, and nature of the hearing;

(2) The right to call witnesses and submit documents or other evidence under State Government Article, § 10-213(f), Annotated Code of Maryland;

(3) Any applicable right to request subpoenas for witnesses and evidence and specify the costs, if any, associated with such a request;

(4) That a copy of the hearing procedure is available on request and specify the costs associated with such a request;

(5) Any right or restriction pertaining to representation;

(6) That failure to appear for the scheduled hearing may result in an adverse action against the party; and

(7) That, unless otherwise prohibited by law, the parties may agree to the evidence and waive their right to appear at the hearing.

C. Notices, decisions, orders, and other documents issued by the Board may be served on a person by:

(1) Personal delivery to the person;

(2) Mailing a copy of the document, first class, postage prepaid, to the person's address of record on file with the Exchange;

(3) Mailing a copy of the document, first class, postage prepaid, to the person's last known address if different from the person's address of record on file with the Exchange;

(4) Mailing a copy of the document by certified mail to the person's address of record on file with the Exchange or last known address; or

(5) Delivering or mailing a copy of the document, first class, postage prepaid, to the person's attorney, if the person is represented by counsel.

D. Notice of a hearing is sufficient if the initial notice of a hearing is sent by regular mail to a party at the party's business and resident addresses, as applicable, on file with the Exchange.

E. A hearing may be rescheduled if there is satisfactory showing that the notice was sent not less than 30 calendar days before the hearing, or upon agreement of all parties.

F. The Board shall maintain a record stating:

(1) To whom the initial notice was sent;

(2) The address to which the initial notice was sent;

(3) The date the initial notice was sent;

(4) The manner of service; and

(5) The name of the person who sent the initial notice.

Md. Code Regs. 14.35.20.04

Regulation .04 adopted effective 50:20 Md. R. 889, eff. 10/16/2023