Md. Code Regs. 22.03.04.07

Current through Register Vol. 51, No. 22, November 1, 2024

Section 22.03.04.07 - Petitions for Hearing

A. In a contested case, a claimant may request a hearing by submitting a petition for a hearing to the Executive Director within the time limitations specified in Regulation .06B of this chapter.

B. The petition shall:

(1) Be in writing;

(2) Include:

(a) The name, address, and telephone number of the claimant,

(b) If the claimant is an individual, the last four digits of the claimant's Social Security number or other information that is sufficient to verify the identity of the individual; and

(c) The name, address, and telephone number of the claimant's attorney, if any;

(3) Describe the claimant's interest in the matter for which the claimant is petitioning for a hearing;

(4) Contain;

(a) A simple and concise statement of the question or controversy,

(b) A statement of the relief requested from the Board of Trustees; and

(c) A summary of the Retirement Agency's decision on the question or controversy; and

(5) Include an affirmation by the claimant, under oath, that the facts contained in the petition are true to the best of the claimant's knowledge, information, and belief.

C. Review of Petition for Hearing by Executive Director.

(1) Upon receipt of a petition for hearing, the Executive Director shall:

(a) Reject the claimant's petition if it does not fulfill all requirements of §B of this regulation;

(b) Refer the claimant's petition for a hearing as provided under Regulation .08 or .09 of this chapter;

(c) Refer the claimant's petition for a summary decision in accordance with §D of this regulation; or

(d) By agreement of all parties, refer the claimant's petition for alternate dispute resolution in accordance with §E of this regulation.

(2) If the Executive Director rejects a timely petition for hearing because it does not fulfill all requirements of §B of this regulation, the Executive Director shall send a written notice to the claimant that:

(a) Advises the claimant of the deficiencies of the submission; and

(b) Gives the claimant leave to submit an amended petition that corrects the deficiencies within the later of the time period specified in Regulation .06B of this chapter, or 45 days after the date of the Executive Director's written notice.

D. Summary Decision by the Board of Trustees.

(1) Hearing Notice.

(a) The Executive Director shall issue a written notice of hearing to the claimant that conforms with State Government Article, § 10-208, Annotated Code of Maryland.

(b) The notice of hearing shall state:

(i) The date, time, and location of the hearing;

(ii) A short and simple statement of the matters that are at issue at the hearing;

(iii) The recommended summary decision of the Executive Director;

(iv) The claimant's right to appear and present oral argument to the Administrative Committee and the Board of Trustees;

(v) The claimant's right to provide a written response not later than 45 days after the date of the hearing notice, or 30 days before the scheduled hearing, whichever is earlier; and

(vi) The claimant's right to be represented at the hearing by an attorney authorized to practice law in Maryland.

(c) If the claimant submits a written response pursuant to §D(1)(b)(v) of this regulation, the Executive Director may:

(i) continue a previously scheduled hearing to a later date in order to issue a new written notice of hearing and recommended summary decision;

(ii) refer the claimant's petition for a hearing under Regulation .08 or .09 of this chapter; or

(iii) by agreement of all parties, refer the claimant's petition for alternate dispute resolution in accordance with §E of this regulation.

(2) Administrative Committee Review.

(a) Following review of the claimant's petition for hearing, the Executive Director's recommended summary decision, any written response by the claimant or claimant's counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Administrative Committee shall:

(i) Issue a proposed summary decision; or

(ii) Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter.

(b) If the Administrative Committee issues a proposed summary decision, the Executive Director shall schedule the matter to be heard at a meeting of the Board of Trustees.

(3) Board of Trustees' Review.

(a) Following review of the claimant's petition for hearing, the Executive Director's recommended summary decision, the Administrative Committee's proposed summary decision, any written response by the claimant or claimant's counsel pursuant to §D(1)(b)(v) of this regulation, and any oral argument, a majority of the Board of Trustees shall:

(i) Issue a summary decision; or

(ii) Refer the petition for a hearing as provided under Regulation .08 or .09 of this chapter.

(b) The Board of Trustees shall issue its decision in writing within 90 days after the hearing.

(4) Standard for Summary Decision.

(a) The Board of Trustees may issue a summary decision if it finds that:

(i) There is no genuine dispute of material fact; and

(ii) The Retirement Agency or the claimant is entitled to prevail as a matter of law.

(b) A summary decision by the Board of Trustees is the final administrative decision of the case.

E. Alternative Dispute Resolution.

(1) By agreement of all parties, the Executive Director may refer a petition for alternative dispute resolution by:

(a) Non-binding mediation with a neutral mediator pursuant to fee and cost arrangements and other terms on which all parties agree in writing; or

(b) An unmediated settlement conference conducted by the Executive Director or Executive Director's designee at a time and place the Executive Director shall set in coordination with all parties.

(2) Before participating in alternative dispute resolution, the parties shall confirm in writing that all communications, evidence, and potential evidence exchanged during the alternative dispute resolution process are subject to the admissibility standards of Maryland Rule 5408 in any subsequent proceedings.

(3) Any party may be represented by legal counsel in alternative dispute resolution.

(4) If the parties are unable to reach a final written agreement on settlement terms, and on the written request of any party to terminate alternative dispute resolution, the Executive Director shall:

(a) Refer the claimant's petition for a summary decision as provided under §D of this regulation; or

(b) Refer the claimant's petition for a hearing as provided under Regulation .08 or .09 of this chapter.

Md. Code Regs. 22.03.04.07

Regulation .07 amended effective May 24, 2004 (31:10 Md. R. 796); amended effective 50:2 Md. R. 51, eff. 2/6/2023