Maryland Office of Administrative Hearings
Encyclopedia
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
. For example, it may hold hearings pertaining to the suspension or revocation of a driver's license
, 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
. The OAH conducts hearings in over 60,000 matters each year of which approximately one-half concern issues from the state Motor Vehicle Administration.
In addition, the OAH provides a mediation
service; for example, special education
hearing requests often result in mediation. Also, as a pilot project in conjunction with the District Court, it offers mediation of civil disputes in Baltimore County.
The OAH has no state policy making authority, and in hearing a case uses the policies, regulations, and rules of the agency for which the OAH is conducting the hearing. The OAH does have its own rules of procedure which it uses to ensure a uniform application of administrative law in its decisions.
The main offices of the OAH are in Hunt Valley
, although it holds hearings in all counties in the state.
, who is appointed by the governor with the advice and consent
of the state senate.Md. Code Ann., State Govt. § 9-1600 et seq., "Office of Administrative Hearings." The Chief Administrative Law Judge then appoints individual administrative law judge
s. The Chief Administrative Law Judge and the administrative law judge
s that he or she appoints both have the authority to hear cases. Administrative law judge
s have the authority to compel the appearance of witness
es at a hearing. 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
. (Therefore, it is essential that all parties to an administrative hearing be fully prepared.)
The OAH 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
.
.
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
on behalf of certain agencies of the executive branch of the state government
Government of Maryland
The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by...
. For example, it may hold hearings pertaining to the suspension or revocation of a driver's license
Driver's license
A driver's license/licence , or driving licence is an official document which states that a person may operate a motorized vehicle, such as a motorcycle, car, truck or a bus, on a public roadway. Most U.S...
, and it also holds hearings when the Maryland Human Relations Commission determines that there is probable cause
Probable cause
In United States criminal law, probable cause is the standard by which an officer or agent of the law has the grounds to make an arrest, to conduct a personal or property search, or to obtain a warrant for arrest, etc. when criminal charges are being considered. It is also used to refer to the...
to believe that an employer or business has committed an act of discrimination
Discrimination
Discrimination is the prejudicial treatment of an individual based on their membership in a certain group or category. It involves the actual behaviors towards groups such as excluding or restricting members of one group from opportunities that are available to another group. The term began to be...
. The OAH conducts hearings in over 60,000 matters each year of which approximately one-half concern issues from the state Motor Vehicle Administration.
In addition, the OAH provides a mediation
Mediation
Mediation, as used in law, is a form of alternative dispute resolution , a way of resolving disputes between two or more parties. A third party, the mediator, assists the parties to negotiate their own settlement...
service; for example, special education
Special education
Special education is the education of students with special needs in a way that addresses the students' individual differences and needs. Ideally, this process involves the individually planned and systematically monitored arrangement of teaching procedures, adapted equipment and materials,...
hearing requests often result in mediation. Also, as a pilot project in conjunction with the District Court, it offers mediation of civil disputes in Baltimore County.
The OAH has no state policy making authority, and in hearing a case uses the policies, regulations, and rules of the agency for which the OAH is conducting the hearing. The OAH does have its own rules of procedure which it uses to ensure a uniform application of administrative law in its decisions.
The main offices of the OAH are in Hunt Valley
Hunt Valley, Maryland
Hunt Valley is an affluent unincorporated community in Baltimore County, Maryland, United States. It lies just north of the city of Baltimore, along Highway 145 off Interstate 83. Loch Raven Reservoir...
, although it holds hearings in all counties in the state.
Organization and authority
The OAH is headed by a Chief Administrative Law JudgeAdministrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
, who is appointed by the governor with the advice and consent
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
of the state senate.Md. Code Ann., State Govt. § 9-1600 et seq., "Office of Administrative Hearings." The Chief Administrative Law Judge then appoints individual administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
s. The Chief Administrative Law Judge and the administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
s that he or she appoints both have the authority to hear cases. Administrative law judge
Administrative law judge
An administrative law judge in the United States is an official who presides at an administrative trial-type hearing to resolve a dispute between a government agency and someone affected by a decision of that agency. The ALJ is usually the initial trier of fact and decision maker...
s have the authority to compel the appearance of witness
Witness
A witness is someone who has firsthand knowledge about an event, or in the criminal justice systems usually a crime, through his or her senses and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness...
es at a hearing. The right of appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
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
Trial
A trial is, in the most general sense, a test, usually a test to see whether something does or does not meet a given standard.It may refer to:*Trial , the presentation of information in a formal setting, usually a court...
. (Therefore, it is essential that all parties to an administrative hearing be fully prepared.)
The OAH 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
Annotated Code of Maryland
The Annotated Code of Maryland, published by The Michie Company, is the official codification of the statutory laws of Maryland. It is organized, by subject matter, in two sets of volumes...
.
History
The OAH was created in 1990 by legislation enacted in 1989 to provide impartial and independent administrative law judges to hear agency cases. Prior to that, each Maryland agency conducted its own hearings, an administrative process that was criticized as the deciding officer was either an employee or member of the agency, creating the possibility of a lack of impartiality. In addition, there were no uniform training or qualifications for the 92 hearing examiners that were distributed among the various state agencies. The formation of the OAH allowed for a lesser number of administrative law judges, currently numbering around 60, to receive specialized training on administrative lawUnited States administrative law
United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...
.