1. A. Rescheduling.

   1. (1) A party may request a change in a hearing time, date, or location by:

      1. (a) Submitting a written request, with copies served on all parties, to the OAH clerk's office at least 5 business days before a scheduled hearing; or
      2. (b) In the case of an unforeseen event requiring postponement and occurring less than 5 business days before a scheduled hearing, calling the OAH clerk's office as soon as possible.
   2. (2) Except as provided in §A(3) of this regulation, if OAH finds that good cause exists, OAH shall set another time or place for the hearing and notify the parties of the change.
   3. (3) In an appeal concerning food stamps or an intentional program violation, the appellant is entitled to one postponement of the scheduled hearing of up to 30 calendar days without the need to demonstrate good cause.

   4. (4) Any time limits applicable to the issuance of a final administrative decision are extended by the length of the delay caused by a postponement:

      1. (a) Requested by the appellant; or
      2. (b) Granted by the administrative law judge due to the appellant's introduction of new evidence pursuant to Regulation .10I of this chapter.

2. B. Summaries.

   1. (1) The agency shall:

      1. (a) Prepare a summary of the facts pertinent to the case and of the basis for its action; and
      2. (b) Send the summary and copies of all documents that it intends to present at the hearing to the appellant and to OAH at least 6 calendar days before the date of the hearing.
   2. (2) If the agency fails to comply with the requirements of §B(1)(b) of this regulation, the administrative law judge may, at the appellant's request, grant a continuance as necessary to allow the appellant to review an agency summary and any proposed exhibits.
3. C. The appellant may examine the agency's records relating to the appellant's case to prepare for the hearing, but the agency shall protect from disclosure information that the agency is required to keep confidential.
4. D. Except as provided in this chapter, a party may not engage in prehearing discovery.

Authority: Family Law Article §§10-108.1—10-108.4, 10-112.1, 10-113, 10-113.1, 10-113.2, 10-114, 10-119, 10-119.3, and 12-102.3;
Human Services Article, §§5-303, 5-408, and 5-501; State Government Article, §§9-1607.1, 9-1607.2, and 10-201—10-222;
Transportation Article, §11-203; Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 7 CFR §§273.15 and 273.16, and 45 CFR §§303.32c(5), 303.72 and 303.105;
and 42 U.S.C. §666(a)(17) and (c)(1)(G)(ii)

Effective date: April 5, 1999 (26:7 Md. R. 540)

Regulation .03 amended effective April 15, 2002 (29:7 Md. R. 619); March 17, 2003 (30:5 Md. R. 366); October 22, 2007 (34:21 Md. R. 1913); May 22, 2017 (44:10 Md. R. 469)

Regulation .03C amended effective December 11, 2003 (30:24 Md. R. 1739); October 24, 2005 (32:21 Md. R. 1706); March 9, 2009 (36:5 Md. R. 421); May 16, 2011 (38:10 Md. R. 614)

Regulation .03G amended effective March 9, 2009 (36:5 Md. R. 421)

Regulation .03H amended effective December 11, 2003 (30:24 Md. R. 1739)

Regulation .04C amended effective August 19, 2002 (29:16 Md. R. 1286)

Regulation .05B amended effective October 22, 2007 (34:21 Md. R. 1913)

Regulation .08B amended effective August 19, 2002 (29:16 Md. R. 1286)

Regulation .11 amended effective August 19, 2002 (29:16 Md. R. 1286)

Regulation .21C amended effective October 22, 2007 (34:21 Md. R. 1913)