Sec. 09.01.03.01. Scope  


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  • A. Except as provided in §B of this regulation, this chapter governs contested case hearings that an administrative unit has delegated to the Office of Administrative Hearings for a proposed decision under State Government Article, §10-205, Annotated Code of Maryland.

    B. This chapter does not apply to cases arising under:

    (1) Public Safety Article, Title 12, Subtitle 9, Annotated Code of Maryland, and corresponding regulations;

    (2) Business Regulation Article, §3-314, Annotated Code of Maryland, and corresponding regulations;

    (3) Labor and Employment Article, Title 5, Subtitle 2 and Subtitle 5, Part III, Annotated Code of Maryland, and corresponding regulations;

    (4) Labor and Employment Article, Title 8, Subtitle 5, Annotated Code of Maryland, and corresponding regulations; and

    (5) State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, and corresponding regulations.

    C. If a conflict exists between this chapter and the statute or regulations governing an administrative unit, the statute or regulations of the administrative unit shall govern.

    D. If a conflict exists between this chapter and the Rules of Procedure of the Office of Administrative Hearings in COMAR 28.02.01, this chapter shall govern.