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2017 Maryland Code
State Government
Title 10 - Governmental Procedures
Subtitle 2 - Administrative Procedure Act -- Contested Cases
§ 10-219. Ex parte communications
Universal Citation: MD State Govt Code § 10-219 (2017)
- (a) Restrictions. --
- (1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:
- (i) any party to the case or the party's representative or attorney; or
- (ii) any person who presided at a previous stage of the case.
- (2) An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case.
- (1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:
- (b) Communications prior to hearing. -- If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section.
- (c) Disclosure. -- An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall:
- (1) give notice to all parties;
- (2) include in the record of the contested case:
- (i) each written communication received;
- (ii) a memorandum that states the substance of each oral communication received;
- (iii) each written response to a communication; and
- (iv) a memorandum that states the substance of each oral response to the communication; and
- (3) send to each party a copy of each communication, memorandum, and response.
- (d) Rebuttal. -- A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.
- (e) Remedial action. --
- (1) To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:
- (i) withdraw from the proceeding; or
- (ii) terminate the proceeding without prejudice.
- (2) An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.
- (1) To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:
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