Maryland Office of Administrative Hearings

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The Maryland Office of Administrative Hearings (OAH) is an independent, central panel agency that holds administrative hearings on behalf of certain agencies of the executive branch of the state government[1]; for example, it may hold hearings pertaining to the suspension or revocation of a driver's license[2], and it also holds hearings when the Maryland Human Relations Commission determines that there is probable cause to believe that an employer or business has committed an act of discrimination.[3].

In addition, the Office of Administrative Hearings provides a mediation service; for example, special education hearing requests often result in mediation.[4] Also, as a pilot project in conjunction with the District Court, it offers mediation of civil disputes in Baltimore County.

[edit] Organization and authority

The Office of Administrative Hearings is headed by a Chief Administrative Law Judge, who is appointed by the governor with the advice and consent of the state senate.[5] The Chief Administrative Law Judge then appoints individual administrative law judges.[6] The Chief Administrative Law Judge and the administrative law judges that he or she appoints both have the authority to hear cases.[7] Administrative law judges have the authority to compel the appearance of witnesses at a hearing.[8] The right of appeal is generally limited to a review of the record of the proceedings before the administrative law judge; that is, if a party appeals the final decision of an administrative law judge to a Maryland circuit court, the court will decide the case based on the evidence that was brought before the administrative law judge, or may order the administrative law judge to conduct further proceedings, but will not conduct a new trial.[9] (Therefore, it is essential that all parties to an administrative hearing be fully prepared.)

The Office of Administrative Hearings is governed by state law, including title 9 subtitle 16 and title 10 subtitle 2 of the State Government article of the Annotated Code of Maryland.

[edit] Sources

  1. ^ Md. State Govt. Code Ann. §§ 10-202, 10-203, 10-205
  2. ^ Maryland State Department of Transportation - Motor Vehicle Administration. Retrieved on 2008-02-26.
  3. ^ Equal Opportunity for All. Maryland Commission on Human Relations.
  4. ^ Maryland OAH 2006 Annual Report.
  5. ^ Md. State Govt. Code Ann. § 9-1603
  6. ^ Md. State Govt. Code Ann. § 9-1604
  7. ^ Md. State Govt. Code Ann. §§ 9-1604 to 9-1605
  8. ^ Md. State Govt. Code Ann. § 9-1605
  9. ^ Md. State Govt. Code Ann. § 10-222