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Statutes Text

Article - State Government


    (a)    The Chief Administrative Law Judge shall:

        (1)    supervise the Office of Administrative Hearings;

        (2)    establish qualifications for administrative law judges;

        (3)    appoint and remove administrative law judges in accordance with § 9–1605 of this subtitle;

        (4)    assign administrative law judges to conduct hearings in contested cases;

        (5)    if necessary, establish classifications for case assignment on the basis of subject matter, expertise, and case complexity;

        (6)    establish and implement standard and specialized training programs and provide materials for administrative law judges;

        (7)    provide and coordinate continuing education programs and services for administrative law judges, including research, technical assistance, technical and professional publications, compiling and disseminating information, and advise of changes in the law relative to their duties;

        (8)    develop model rules of procedure and other guidelines for administrative hearings;

        (9)    develop a code of professional responsibility for administrative law judges; and

        (10)    monitor the quality of State administrative hearings.

    (b)    (1)    The Chief Administrative Law Judge may:

            (i)    serve as an administrative law judge in a contested case;

            (ii)    furnish administrative law judges on a contractual basis to other governmental entities;

            (iii)    accept and expend funds, grants, and gifts and accept services from any public or private source;

            (iv)    enter into agreements and contracts with any public or private agencies or educational institutions;

            (v)    adopt regulations to implement this subtitle; and

            (vi)    assess fees to cover administrative expenses as follows:

                1.    to file an appeal, a fee not exceeding:

                A.    $150 for an appeal of a driver’s license suspension or revocation related to a violation of the Maryland Vehicle Law; and

                B.    $50 for all other types of appeals; and

                2.    to process a subpoena, a fee not exceeding $5.

        (2)    Fees charged under paragraph (1) of this subsection for administrative expenses may not be charged to:

            (i)    State agencies; or

            (ii)    petitioners who are determined by the Office of Administrative Hearings to be unable to pay the fees.

        (3)    A fee charged under paragraph (1) of this subsection for filing an appeal shall be refunded to a party who initiates the appeal if the party receives a favorable decision from the administrative law judge.

    (c)    (1)    The Chief Administrative Law Judge shall submit an annual report on the activities of the Office to the Governor and, subject to § 2–1257 of this article, to the General Assembly.

        (2)    This report may be prepared in conjunction with the annual report required under § 9–1610 of this subtitle.

    (d)    The Chief Administrative Law Judge shall meet and confer regularly with the Advisory Council on Administrative Hearings.

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