1. A. Upon receipt of a request or a petition, the Office will schedule a prehearing conference.

2. B. The Office will send to all parties:

   1. (1) Notice of the prehearing conference;
   2. (2) Instructions for the prehearing conference; and
   3. (3) An identification of benefits form substantially similar to that in Appendix C of this chapter.

3. C. The prehearing conference may address any issue set out in COMAR 28.01.02.17C and shall address the following matters:

   1. (1) Scope of any evidentiary hearing, including the application of a clear and convincing burden of proof;
   2. (2) Stipulations;
   3. (3) Subpoenas duces tecum for records;
   4. (4) Participation of each party in each stage of the proceedings;
   5. (5) Motions;
   6. (6) For a request, identification of the asserted factual basis for eligibility under State Finance and Procurement Article, §10-501(b)(1)(ii), Annotated Code of Maryland;
   7. (7) For a petition, identification of the asserted factual basis for eligibility under State Finance and Procurement Article, §10-501(c)(3), Annotated Code of Maryland;
   8. (8) Identification of any requested benefit and State service provider under State Finance and Procurement Article, §10-501(a)(2), Annotated Code of Maryland;
   9. (9) Scheduling of any post-hearing process, as necessary, to determine requested benefits;
   10. (10) Applications for reasonable attorney’s fees and expenses;
   11. (11) Alternative dispute resolution;
   12. (12) Scheduling; and
   13. (13) Any other matter that will promote the order and prompt resolution of the request or petition.

4. D. Conduct.

   1. (1) All parties shall participate in the prehearing conference.
   2. (2) The ALJ shall record the prehearing conference.
   3. (3) The ALJ shall issue a prehearing conference order setting forth the actions taken or to be taken regarding the matters addressed at the prehearing conference.
   4. (4) The prehearing order shall be part of the case record. FORM AT END OF CHAPTER

Authority: State Finance and Procurement Article, §10-501, Annotated Code of Maryland

Effective date:

Regulations .01—.08 adopted as an emergency provision effective July 16, 2021 (48:17 Md. R. 666); emergency provision expired effective December 13, 2021

Regulations .01—.08 adopted effective December 13, 2021 (48:25 Md. R. 1081)