The following represent questions frequently posed to the Office of Administrative Hearings. For further information, you should consult the Administrative Procedure Act, which is located in the State Government Article of the Maryland Annotated Code, §§10-201 to 10-226, the Rules of Procedure of the Office of Administrative Hearings, which are located in Title 28 of the Code of Maryland Regulations(COMAR 28.02.01), and any law specific to your hearing.
An ALJ is an attorney appointed by the Chief ALJ to conduct administrative hearings. The ALJ is an employee of the OAH, not an employee of the agency involved in your case. There are approximately sixty ALJs employed by the OAH.
An administrative hearing is a fair, impartial and independent opportunity to be heard on the issue(s) in question. The ALJ assigned to hear your case determines facts, based on the evidence and argument presented at the hearing, reviews the relevant law, and gives a decision on the issues in question. Procedure at hearings is generally governed by the OAH Rules of Procedure at Code of Maryland Regulations ("COMAR") 28.02.01.
$50 filing fee for:
The filing fee may be waived upon proof of indigence. Indigence is defined as having a family household income of less than 50% of the state median family income. Applications for a fee waiver based on family income must be accompanied by a copy of your Independence card, documentation indicating that you are receiving Supplemental Security Income (SSI) or an affidavit.(Click here for a blank affidavit form)
An individual may represent him/herself in any administrative hearing and no individual is required to have an attorney. If you choose to be represented, in most cases that representative must be an attorney. Attorneys may help you better understand the law and how to present your case. In certain types of hearings, however, you may be represented by someone who is not an attorney. These hearings include, but are not limited to, the following: a personnel hearing, in which a state employee may be represented by an employee of a union; and a hearing addressing issues regarding medical assistance, food stamps, temporary cash assistance, and other entitlement programs administered by the Department of Social Services. Maryland law generally provides that a corporation appearing before the OAH must be represented by an attorney.
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If you need an interpreter, please contact the OAH docket specialist listed on your hearing notice as far in advance of the hearing or mediation as possible. You will not be charged for the interpreter's fee.
If you or your witnesses need special accommodations to be able to access OAH hearings, please contact the OAH Docket Specialist listed on your hearing notice as far in advance of the hearing as possible to let us know what assistance you need so that access can be ensured.
No. If you have a matter that needs to be addressed by the ALJ prior to the hearing, such as a pending motion, please contact the docket specialist listed on your hearing notice to schedule a pre-hearing conference.
If you would like all or part of your hearing conducted by telephone or videoconference, contact the docket specialist listed on your hearing notice. Please submit your request as far in advance of the hearing as possible and also notify the opposing party. The ALJ assigned to hear your case will make a ruling on your request.
The OAH encourages parties to settle their cases. It offers two methods of alternative dispute resolution. Participation in both is voluntary. An ALJ may be assigned to act as a settlement judge or as a mediator. As a settlement judge, the ALJ will assist the parties in settlement discussions, but will also give the parties a realistic assessment of their case. As a mediator, the ALJ will facilitate a discussion between the parties about ways to resolve their case without providing an assessment. If you would like the assistance of an ALJ for either form of dispute resolution, please contact the docket specialist listed on your hearing notice as far in advance of your hearing as possible. The ALJ assigned to help you with settlement discussions will not hear or discuss your case with the ALJ who is ultimately assigned to conduct the hearing. Your case will not be postponed because you are engaged in mediation or settlement discussions.
Hearing transcripts and/or audio copies (digital-electronic copy or CDs) are available upon request. To obtain copies you MUST submit your request via the Media Request Form.
If you wish to withdraw your request for a hearing, sign the bottom portion of the hearing notice and return the signed notice to the Office of Administrative Hearings. You can mail the form to 11101 Gilroy Road, Hunt Valley, MD 21031, or you may submit the signed form by email to oah.hearingwithdrawal@maryland.gov.
The hearing is your chance to tell the ALJ your side of the dispute. You should bring any witnesses or documents that you believe support your case. You will need the original and three copies of any documents you wish to use; one for you, one that may be referred to by a witness, one for the ALJ, and one for the other party.
You should contact the docket specialist listed on your hearing notice to confirm the total cost of your request. Checks for the subpoena fees should be made payable to the "Maryland State Treasurer" and must accompany your request unless the OAH has granted a fee waiver .
Pre-trial motions should be faxed or mailed to the docket specialist listed on your hearing notice. Motions should include your OAH case number, your name, address, and telephone number. You should send a copy of your motion to the other parties at the same time you send it to the OAH.
Postponements may be granted only for good cause. Requests for postponement must be made in writing and received by the OAH not less than five (5) business days prior to the scheduled hearing date. The request should include the case name, OAH case number, hearing date, the reason for the postponement request, a telephone number where the requestor can be contacted Monday through Friday between 8:30 a.m. and 4:30 p.m. You must provide documentation of the reasons for your postponement request. A copy of the request must be sent to all parties involved in the case. If a party needs to make an emergency request for postponement, he or she may do so by telephone. For more information, contact a postponement officer.
OAH accepts requests for postponements by email. To request a postponement by email, send the request to oah.postponements@maryland.gov.
| Pamela Johnson Postponement Officer | (410) 229-4274 |
| Vikki Carter Postponement Officer | (410) 229-4273 |
The hearing is your chance to tell the ALJ your side of the dispute. You should bring any witnesses or documents that you believe support your case. You will need the original and three copies of any documents you wish to use; one for you, one that may be referred to by a witness, one for the ALJ, and one for the other party.
At the beginning of the hearing, the presiding ALJ will generally give an introduction of the procedure that will be followed in the hearing. Each party may be permitted to present an opening statement and then witnesses may be called. Each party has the right to question his or her own witness. The opposing party then has the right to conduct cross-examination of that witness. Documents may be presented through witnesses. The ALJ will rule on the admissibility of evidence. After each party has presented witnesses, the party who bears the burden of proof may have the right to present rebuttal evidence. At the end of the hearing, each party may be permitted to present a closing argument.
The "burden of proof" is the responsibility to prove a disputed charge or allegation. Typically the party bearing the burden of proof presents his or her case first. If the party bearing the burden of proof fails to carry that burden, that party may lose his or her case. The ALJ will establish who bears the burden of proof at the beginning of the hearing.
If a party fails to attend the hearing, the ALJ may proceed with the hearing in the party's absence, or the ALJ may issue a default order against the absent party.
The law which is applicable to each case type specifies the time within which a decision will be issued. Typically, the ALJ will inform you of the time applicable to your case at the end of the hearing.
The law which is applicable to each case type specifies the method of review of an ALJ's decision. An explanation of the review process applicable to your case is included in the decision.
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