Sec. 14.35.10.02. Definitions  


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  • A. In this chapter, the following terms have the meanings indicated.

    B. Terms Defined.

    (1) “Administrative law judge” has the meaning set forth under COMAR 28.02.01.02B(1).

    (2) “Board” means the Maryland Health Benefit Exchange Board of Trustees.

    (3) Contested Case.

    (a) "Contested case" has the meaning stated in State Government Article, §10-202(d), Annotated Code of Maryland.

    (b) "Contested case" includes a proceeding:

    (i) Arising out of a determination made by the Board;

    (ii) Regarding an authorization, certification, or permit issued by the Exchange; or

    (iii) Arising out of any act of or failure to act by the Board, involving an authorization or a certification issued by the Exchange, that aggrieves a person.

    (c) "Contested case" does not include any other quasi-legislative hearing.

    (4) Determination.

    (a) "Determination" means a decision by the Board that requires the Board to provide the opportunity for a hearing to a person aggrieved by the decision.

    (b) "Determination" includes:

    (i) A decision as to whether a person against whom an administrative complaint has been received violated a law, regulation, or order; and

    (ii) An order issued pursuant to the Board’s authority.

    (5) “Exchange” means the Maryland Health Benefit Exchange.

    (6) “Executive Director” means the Executive Director of the Maryland Health Benefit Exchange, appointed pursuant to Insurance Article, §31-105, Annotated Code of Maryland.

    (7) “Hearing officer” means the Executive Director or the Executive Director’s authorized designee.

    (8) “Maryland Health Benefit Exchange” has the meaning set forth under Insurance Article, §31-101(e), Annotated Code of Maryland.

    (9) “Office” means the Office of Administrative Hearings.

    (10) “Person” has the meaning set forth under COMAR 28.02.01.02B(12).