(a) In this subtitle the following words have the meanings indicated.
(b) “Agency” means:
(1) an officer or unit of the State government authorized by law to adjudicate contested cases; or
(2) a unit that:
(i) is created by general law;
(ii) operates in at least 2 counties; and
(iii) is authorized by law to adjudicate contested cases.
(c) “Agency head” means:
(1) an individual or group of individuals in whom the ultimate legal authority of an agency is vested by any provision of law; or
(2) the secretary of the State department that is responsible for State programs that are administered by the Montgomery County Department of Health and Human Services.
(d) (1) “Contested case” means a proceeding before an agency to determine:
(i) a right, duty, statutory entitlement, or privilege of a person that is required by statute or constitution to be determined only after an opportunity for an agency hearing; or
(ii) the grant, denial, renewal, revocation, suspension, or amendment of a license that is required by statute or constitution to be determined only after an opportunity for an agency hearing.
(2) “Contested case” does not include a proceeding before an agency involving an agency hearing required only by regulation unless the regulation expressly, or by clear implication, requires the hearing to be held in accordance with this subtitle.
(e) “License” means all or any part of permission that:
(1) is required by law to be obtained from an agency;
(2) is not required only for revenue purposes; and
(3) is in any form, including:
(i) an approval;
(ii) a certificate;
(iii) a charter;
(iv) a permit; or
(v) a registration.
(f) “Office” means the Office of Administrative Hearings.
(g) “Presiding officer” means the board, commission, agency head, administrative law judge, or other authorized person conducting an administrative proceeding under this subtitle.
Structure Maryland Statutes
Title 10 - Governmental Procedures
Subtitle 2 - Administrative Procedure Act -- Contested Cases
Section 10-201 - Declaration of Policy
Section 10-203 - Scope of Subtitle
Section 10-204 - Political Subdivisions and Instrumentalities
Section 10-205 - Delegation of Hearing Authority
Section 10-206 - Procedural Regulations
Section 10-206.1 - Legal Practice
Section 10-207 - Notice of Agency Action
Section 10-208 - Notice of Hearing
Section 10-209 - Notice Mailed to Address of Licensee
Section 10-211 - Hearings Conducted by Electronic Means
Section 10-212 - Open Hearings
Section 10-212.1 - Interpreters
Section 10-214 - Consideration of Other Evidence
Section 10-215 - Transcription of Proceedings; Fees
Section 10-218 - Contents of Record
Section 10-219 - Ex Parte Communications
Section 10-220 - Proposed Decisions and Orders
Section 10-221 - Final Decisions and Orders
Section 10-222 - Judicial Review
Section 10-222.1 - Administrative Orders
Section 10-223 - Appeals to Court of Special Appeals
Section 10-224 - Litigation Expenses for Small Businesses and Nonprofit Organizations