Administrative Hearing Request Packet - Maryland

ADMINISTRATIVE HEARING REQUEST PACKET — MARYLAND

Hearing Request Cover Letter, Formal Request, Evidence Checklist, and Practice Guide

TABLE OF CONTENTS

1. Hearing Request Cover Letter
2. Formal Request for Administrative Hearing
3. Statement of Issues / Grounds for Hearing
4. Agency Identification
5. Filing Instructions
6. Deadlines and Timeline
7. Discovery and Evidence Rules
8. Pre-Hearing Conference Procedures
9. Hearing Procedures and Rules of Evidence
10. Post-Hearing Briefs and Procedures
11. Appeal Rights from Administrative Decision
12. Document Checklist
13. Practice Tips for Administrative Hearings
14. Sources and References

1. HEARING REQUEST COVER LETTER

[__/__/____]

VIA [HAND DELIVERY / CERTIFIED MAIL / FIRST CLASS MAIL]

[________________________________]
[Agency Name]
[________________________________]
[Agency Division or Office]
[________________________________]
[Street Address]
[________________________________]
[City, State, ZIP Code]

Copy to:
Maryland Office of Administrative Hearings
11101 Gilroy Road
Hunt Valley, Maryland 21031

RE:     Request for Administrative Hearing
        Petitioner: [________________________________]
        Agency Case/Docket No.: [________________________________]
        Agency Action Date: [__/__/____]
        Type of Action: [________________________________]

Dear [Hearing Officer / Agency Administrator / Administrative Law Judge]:

        Pursuant to the Maryland Administrative Procedure Act, Md. Code
Ann., State Gov't § 10-201 et seq., and the applicable provisions of
[________________________________] [cite specific agency enabling statute],
the undersigned hereby requests a contested case hearing to challenge the
agency action described above.

        On [__/__/____], the [________________________________] [Agency Name]
issued a [________________________________] [describe: denial, revocation,
suspension, penalty, adverse determination, etc.] regarding
[________________________________] [describe the license, benefit, permit,
right, or other matter at issue]. The Petitioner received notice of this
action on [__/__/____].

        The Petitioner respectfully requests that the Office of
Administrative Hearings (OAH) schedule a hearing to adjudicate the
following issues:

        1. [________________________________]
        2. [________________________________]
        3. [________________________________]

        [If applicable:] The Petitioner also requests a stay of the agency
action pending the outcome of the hearing. The Petitioner will suffer
irreparable harm if the action is not stayed because
[________________________________]. The Petitioner is likely to succeed
on the merits because [________________________________].

        Enclosed with this letter are the following documents:

        1. Formal Request for Administrative Hearing
        2. Copy of the agency notice/decision being challenged
        3. Statement of Issues and Grounds for Hearing
        4. Supporting exhibits [if permitted at filing stage]
        5. Proof of service upon the agency
        6. [Filing fee / Fee waiver request, if applicable]

        Please confirm receipt of this filing and provide the assigned
docket number and hearing date at your earliest convenience. Please
direct all correspondence regarding this matter to:

        [________________________________]
        [Attorney/Representative Name]
        [________________________________]
        [Firm/Organization Name]
        [________________________________]
        [Street Address]
        [________________________________]
        [City, State, ZIP Code]
        Telephone: [________________________________]
        Email: [________________________________]
        Bar Number: [________________________________]

                                        Respectfully submitted,

                                        ________________________________
                                        [Name]
                                        [Title/Capacity]
                                        Date: [__/__/____]

Enclosures: [____] documents
cc:     [Agency Counsel]
        [Other Parties]

2. FORMAL REQUEST FOR ADMINISTRATIVE HEARING

STATE OF MARYLAND

OFFICE OF ADMINISTRATIVE HEARINGS

IN THE MATTER OF:

SECTION A: PETITIONER INFORMATION

Full Legal Name: [________________________________]

Mailing Address: [________________________________]

City: [________________________________] State: [____] ZIP: [__________]

Telephone: [________________________________]

Email Address: [________________________________]

Represented by Attorney: ☐ Yes ☐ No

If yes:

• Attorney Name: [________________________________]
• Firm Name: [________________________________]
• Bar Number: [________________________________]
• Address: [________________________________]
• Telephone: [________________________________]
• Email: [________________________________]

SECTION B: AGENCY ACTION BEING CONTESTED

Identify the agency action you are challenging:

☐ Denial of Application (License/Permit/Benefit)
☐ Revocation of License or Permit
☐ Suspension of License or Permit
☐ Imposition of Fine or Penalty
☐ Assessment of Tax or Fee
☐ Denial or Termination of Benefits
☐ Disciplinary Action
☐ Regulatory Enforcement Action
☐ Other: [________________________________]

Date of Agency Action: [__/__/____]

Date You Received Notice: [__/__/____]

Agency Case or Reference Number: [________________________________]

Briefly describe the agency action:
[________________________________]
[________________________________]
[________________________________]

SECTION C: GROUNDS FOR HEARING

State the specific reasons why you believe the agency action is incorrect, unlawful, or should be reversed:

1. [________________________________]
   [________________________________]

2. [________________________________]
   [________________________________]

3. [________________________________]
   [________________________________]

4. [________________________________]
   [________________________________]

SECTION D: RELIEF REQUESTED

☐ Reversal of the agency action
☐ Modification of the agency action as follows: [________________________________]
☐ Remand to the agency for further proceedings
☐ Stay of the agency action pending hearing (see Section E)
☐ Other: [________________________________]

SECTION E: REQUEST FOR STAY (IF APPLICABLE)

☐ The Petitioner requests that the agency action be stayed pending the outcome of the hearing.

Grounds for Stay:

1. Irreparable harm will result if the action is not stayed:
   [________________________________]
   [________________________________]

2. Likelihood of success on the merits:
   [________________________________]
   [________________________________]

3. The stay will not substantially harm other parties:
   [________________________________]

4. The stay is in the public interest:
   [________________________________]

SECTION F: HEARING PREFERENCES

Preferred Hearing Format:
☐ In-person hearing at OAH (Hunt Valley, Maryland)
☐ Telephonic hearing
☐ Video conference hearing
☐ No preference

Estimated Duration of Hearing: [________________________________]

Number of Witnesses Petitioner Intends to Call: [____]

Interpreter Required: ☐ Yes (Language: [________________]) ☐ No

ADA Accommodations Required: ☐ Yes (Specify: [________________________________]) ☐ No

SECTION G: VERIFICATION AND SIGNATURE

I, [________________________________], hereby verify under penalty of perjury that the information contained in this Request for Administrative Hearing is true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________

Print Name: [________________________________]

Date: [__/__/____]

3. STATEMENT OF ISSUES / GROUNDS FOR HEARING

Issue 1: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________] [cite statute, regulation, or COMAR provision]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 2: [________________________________]

Factual Basis:
[________________________________]
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]
[________________________________]

Issue 3: [________________________________]

Factual Basis:
[________________________________]
[________________________________]

Legal Authority:
[________________________________]

Argument:
[________________________________]
[________________________________]

4. AGENCY IDENTIFICATION

Maryland Office of Administrative Hearings (OAH)

The OAH is an independent agency established under Md. Code Ann., State Gov't § 9-1601 et seq. that provides Administrative Law Judges (ALJs) to conduct contested case hearings for most Maryland state agencies. The OAH hears cases from over 30 state agencies and local agencies by delegation.

OAH Contact Information:

Common Referring Agencies

Determining the Appropriate Forum

☐ Does the enabling statute direct hearings to the OAH?
☐ Does the agency conduct its own hearings through an internal hearing officer?
☐ Is the matter delegated to OAH by interagency agreement?
☐ Does a local government ordinance provide for administrative hearings?

Note: Some agencies maintain their own hearing processes separate from OAH. Always confirm the correct forum with the specific agency before filing.

5. FILING INSTRUCTIONS

Where to File

Primary Filing with OAH:
Maryland Office of Administrative Hearings
11101 Gilroy Road
Hunt Valley, Maryland 21031

Filing Methods:

Filing with the Referring Agency

Many hearing requests must first be filed with the agency that issued the adverse action. The agency then refers the matter to OAH. Always check the adverse action notice for specific filing instructions.

Filing Fees

Filing fees vary by agency and case type:

Fee Waiver: Available upon demonstration of indigence (household income below 50% of the Maryland state median income). Submit a fee waiver request with documentation of financial hardship.

Service Requirements

☐ Serve a copy of the hearing request on the agency counsel or designated official
☐ Serve all other parties to the proceeding
☐ File proof of service with the OAH
☐ Retain copies of all filed documents for your records

6. DEADLINES AND TIMELINE

Filing Deadlines

The deadline to request an administrative hearing depends on the type of agency action and the governing statute. Common deadlines include:

CRITICAL: Always check the specific deadline stated in the agency's notice of adverse action. Missing the deadline may result in waiver of hearing rights.

Hearing Scheduling Timeline

Postponement Requests

Written postponement requests must be received by OAH at least five (5) business days before the scheduled hearing date. Include:

☐ Case name and docket number
☐ Reason for postponement (good cause required)
☐ Proposed alternative dates
☐ Whether the other party consents
☐ Signature of requesting party or counsel

7. DISCOVERY AND EVIDENCE RULES IN ADMINISTRATIVE PROCEEDINGS

Statutory Authority: Md. Code Ann., State Gov't § 10-213

Pre-Hearing Discovery

Discovery in Maryland administrative proceedings is more limited than in civil litigation. The ALJ has discretion to permit or deny discovery requests.

Available Discovery Methods:

☐ Document requests (most common)
☐ Interrogatories (limited, at ALJ discretion)
☐ Depositions (rarely permitted; requires good cause)
☐ Requests for admission (at ALJ discretion)
☐ Subpoenas duces tecum for documents

Subpoena Procedures

Subpoenas for Witnesses and Documents (COMAR 28.02.01):

• Subpoena requests must be made in writing to OAH at least 15 days before the scheduled hearing
• Cost: $5.00 per subpoena
• For witness subpoenas: include full name and full address of the person to be subpoenaed
• For document subpoenas (duces tecum): specifically describe the documents requested
• A copy of the subpoena must be sent to all parties in the case
• Service: personal delivery, certified mail, or regular mail
• The requesting party pays certified mail costs and arranges personal delivery

Document Exchange Requirements

• All documentary evidence to be offered at hearing must be sent to all parties and the ALJ at least 6 calendar days before the hearing
• Prepare the original and three (3) copies of all documents:
• One copy for the petitioner
• One copy for witness reference
• One copy for the ALJ
• One copy for the opposing party
• Documents not timely exchanged may be excluded at the ALJ's discretion

Evidence Standards

Under Md. Code Ann., State Gov't § 10-213:

• Each party shall offer all evidence the party wishes to have made part of the record
• If the agency has evidence it wishes to use, the agency must make it part of the record
• The ALJ may admit evidence that is relevant, reliable, and probative
• Hearsay evidence is admissible but may be given less weight
• The ALJ may exclude irrelevant, immaterial, or unduly repetitious evidence
• The ALJ may take official notice of judicially noticeable facts and facts within the agency's specialized knowledge, after providing parties notice and opportunity to contest

8. PRE-HEARING CONFERENCE PROCEDURES

Purpose and Authority

Pre-hearing conferences may be scheduled by the ALJ under COMAR 28.02.01 to:

☐ Identify and narrow the issues in dispute
☐ Establish a discovery schedule
☐ Determine witnesses and exhibit lists
☐ Discuss stipulations of fact or law
☐ Address procedural motions
☐ Explore settlement or alternative dispute resolution
☐ Set deadlines for pre-hearing submissions
☐ Address any preliminary legal issues

Pre-Hearing Conference Procedures

• The ALJ may schedule a pre-hearing conference on the ALJ's own initiative or at the request of any party
• Conferences may be held in person, by telephone, or by video conference
• All parties or their representatives must participate
• The ALJ will issue a pre-hearing order summarizing agreements and setting deadlines
• Failure to attend a pre-hearing conference may result in sanctions, including dismissal or default

Pre-Hearing Submissions

Parties may be required to submit the following before the hearing:

☐ List of witnesses with brief summary of expected testimony
☐ List of exhibits with copies
☐ Statement of contested and uncontested facts
☐ Brief statement of legal issues and authorities
☐ Estimated duration of hearing
☐ Any motions in limine (to exclude evidence)
☐ Stipulations of fact or law

Alternative Dispute Resolution

The OAH offers mediation and settlement conference services. Parties may request ADR at any time before the hearing. Settlement discussions are confidential and without prejudice to either party's position at hearing.

9. HEARING PROCEDURES AND RULES OF EVIDENCE

Hearing Format

Under Md. Code Ann., State Gov't §§ 10-209 through 10-213, and COMAR 28.02.01:

Hearing Location: Hearings are typically held at the OAH offices at 11101 Gilroy Road, Hunt Valley, Maryland 21031, unless otherwise directed.

Electronic Hearings: Under § 10-211, hearings may be conducted by telephone, video conference, or other electronic means. A party may object and require an in-person or video hearing upon establishing good cause.

Order of Proceedings

1. Opening of Record: ALJ calls the case, identifies parties, and addresses preliminary matters
2. Opening Statements: Each party provides a brief summary of the case (not evidence)
3. Presentation of Evidence — Agency's Case:
   - Direct examination of agency witnesses
   - Cross-examination by petitioner
   - Redirect examination (if any)
   - Introduction of documentary evidence
4. Presentation of Evidence — Petitioner's Case:
   - Direct examination of petitioner's witnesses
   - Cross-examination by agency counsel
   - Redirect examination (if any)
   - Introduction of documentary evidence
5. Rebuttal Evidence (at ALJ's discretion)
6. Closing Arguments: Each party summarizes the evidence and applicable law
7. Close of Record

Rules of Evidence

• Administrative hearings follow relaxed rules of evidence compared to court proceedings
• Evidence must be relevant, material, and reliable
• Hearsay is admissible but may be insufficient standing alone to support a finding
• The ALJ has discretion to control the hearing and rule on evidentiary objections
• Privileged communications (attorney-client, physician-patient) remain protected
• The ALJ may limit cumulative, repetitive, or irrelevant testimony

Burden of Proof

• In most cases, the agency bears the burden of proving the basis for its action
• In licensing denial cases, the applicant may bear the burden of demonstrating qualifications
• In benefit cases, the agency typically bears the burden of justifying a denial or reduction
• The standard of proof is generally preponderance of the evidence unless a statute specifies otherwise

Witness Testimony

• All witnesses testify under oath or affirmation
• Witnesses are subject to direct examination, cross-examination, and redirect
• The ALJ may question witnesses directly
• Expert witnesses may testify on technical or specialized matters
• Character witnesses may be permitted at the ALJ's discretion

Recording of Proceedings

• All hearings are recorded by the OAH
• The recording constitutes the official record under Md. Code Ann., State Gov't § 10-214
• Parties may request a transcript at their own expense
• A transcript may be required for judicial review under § 10-222

10. POST-HEARING BRIEFS AND PROCEDURES

Post-Hearing Submissions

The ALJ may permit or require post-hearing briefs or proposed findings of fact:

☐ Post-hearing brief deadline: [__/__/____] (typically 10-30 days after hearing)
☐ Reply brief deadline: [__/__/____] (if permitted)
☐ Proposed findings of fact and conclusions of law
☐ Supplemental evidence (only with ALJ permission and good cause)

Types of Decisions

Proposed Decision (§ 10-216):

• In cases where the ALJ issues a proposed (recommended) decision, the agency head makes the final decision
• Parties may file exceptions to the proposed decision within the time specified
• The agency must consider the proposed decision and any exceptions before issuing a final order
• Exceptions must specify the findings of fact or conclusions of law to which exception is taken

Final Decision (§ 10-215):

• In some cases, the ALJ issues a final decision that becomes the agency's decision
• Final decisions must include findings of fact and conclusions of law
• Final decisions must state the effective date and appeal rights

Motion for Reconsideration

• A party may file a motion for reconsideration of a final decision
• The motion must be filed within the time specified in the decision or applicable regulation
• The motion should identify specific errors of fact or law
• The filing of a motion for reconsideration may toll the time for judicial review

11. APPEAL RIGHTS FROM ADMINISTRATIVE DECISION

Judicial Review — Md. Code Ann., State Gov't § 10-222

Who May Appeal:
A party aggrieved by the final decision in a contested case is entitled to judicial review.

Where to File:
Petition for judicial review must be filed with the Circuit Court for the county where:

• Any party resides, or
• Any party has a principal place of business

Deadline:
The petition for judicial review must be filed within 30 days of the final agency decision (unless a different time is specified by statute).

Standard of Review:
The Circuit Court reviews the agency decision under the following standards:

• Whether the agency acted within the scope of its authority
• Whether the decision is supported by substantial evidence in the record
• Whether the decision is arbitrary, capricious, or contrary to law
• Whether the agency followed required procedures
• Whether the decision violates constitutional provisions

Scope of Review:

• Review is generally confined to the record made before the agency
• The court may order the agency to take additional evidence upon a showing of good cause for failure to present it at the agency level
• The court may affirm, reverse, modify, or remand the decision

Appeal from Circuit Court:
A party may appeal the Circuit Court's decision to the Appellate Court of Maryland (formerly the Court of Special Appeals) and, in some cases, to the Supreme Court of Maryland (formerly the Court of Appeals).

12. DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Obtained and reviewed the agency's adverse action notice
☐ Identified the applicable filing deadline
☐ Confirmed the correct filing location (OAH or agency)
☐ Determined whether a filing fee is required
☐ Prepared the hearing request cover letter
☐ Completed the formal request for hearing
☐ Prepared the statement of issues and grounds
☐ Gathered supporting documentation
☐ Made copies of all documents (original plus three copies)
☐ Prepared proof of service
☐ Filed fee waiver request (if applicable)
☐ Retained copies of all filed documents

Filing Package Contents

☐ Cover letter with case identification
☐ Formal request for administrative hearing (signed and dated)
☐ Copy of the agency notice or decision being challenged
☐ Statement of issues / grounds for hearing
☐ Supporting exhibits and evidence list
☐ Request for stay of agency action (if applicable)
☐ Fee waiver application (if applicable)
☐ Proof of service on agency counsel or designated official
☐ Notice of appearance for attorney or representative
☐ Authorization for representative (if non-attorney)

Pre-Hearing Checklist

☐ Received confirmation of filing and docket number
☐ Received notice of hearing with date, time, and location
☐ Submitted subpoena requests (at least 15 days before hearing)
☐ Paid subpoena fees ($5.00 per subpoena)
☐ Exchanged documentary evidence (at least 6 calendar days before hearing)
☐ Prepared original and three copies of all exhibits
☐ Prepared witness list and summaries of expected testimony
☐ Submitted pre-hearing brief or statement (if required)
☐ Reviewed applicable statutes, regulations, and COMAR provisions
☐ Prepared opening statement and closing argument outlines
☐ Confirmed hearing format (in-person, telephone, or video)
☐ Arranged for interpreter or ADA accommodations (if needed)
☐ Attended pre-hearing conference (if scheduled)

Post-Hearing Checklist

☐ Filed post-hearing brief within deadline (if required or permitted)
☐ Filed proposed findings of fact and conclusions of law (if required)
☐ Received proposed or final decision from ALJ
☐ Filed exceptions to proposed decision (if applicable)
☐ Received final agency decision
☐ Calculated deadline for judicial review (generally 30 days)
☐ Filed petition for judicial review in Circuit Court (if appealing)
☐ Ordered hearing transcript (if needed for appeal)

13. PRACTICE TIPS FOR ADMINISTRATIVE HEARINGS

Before Filing

1. Read the agency notice carefully. The notice should specify the deadline, filing location, and any required forms. Missing the deadline can permanently waive your right to a hearing.

2. Confirm the correct forum. Some agencies conduct their own hearings through internal hearing officers, while others refer cases to OAH. Filing with the wrong entity may cause delays or waiver of rights.

3. Preserve all records. Immediately preserve all documents, correspondence, emails, and other materials related to the agency action. These may be needed as evidence.

4. Consider requesting a stay. If the agency action will cause immediate harm (loss of license, termination of benefits), request a stay with supporting documentation showing irreparable harm and likelihood of success.

Preparing for the Hearing

5. Organize exhibits chronologically or by topic. Number or letter each exhibit and create a master exhibit list. Use tabs for easy reference during the hearing.

6. Prepare witnesses. Review testimony with each witness beforehand. Ensure witnesses understand the difference between direct and cross-examination. Remind witnesses to answer only the question asked.

7. Know the applicable regulations. Review the specific COMAR provisions governing the agency's action. ALJs expect parties to identify and cite the applicable regulatory framework.

8. Anticipate the agency's case. Review the agency's stated reasons for the adverse action and prepare evidence and arguments to refute each one.

At the Hearing

9. Be professional and respectful. Address the ALJ as "Judge" or "Your Honor." Stand when addressing the ALJ if in person. Be courteous to opposing counsel and agency representatives.

10. Present your strongest evidence first. Lead with your most compelling witnesses and documents. The ALJ will be most attentive at the beginning of the hearing.

11. Make clear objections. Object promptly and state the specific basis (relevance, hearsay, prejudice). Do not make speaking objections or argue at length.

12. Build the record. Ensure all important facts are stated on the record. If a document is important, introduce it as an exhibit and have a witness authenticate it.

After the Hearing

13. File post-hearing submissions on time. If the ALJ permits or requires post-hearing briefs, submit them by the deadline. Late submissions may be disregarded.

14. Review the decision carefully. Note the deadline for filing exceptions or seeking judicial review. These deadlines are jurisdictional and cannot be extended.

15. Consider alternative dispute resolution. The OAH offers mediation and settlement conferences. Settlement may be possible even after the hearing but before a final decision.

Special Considerations for Pro Se Parties

16. Request OAH self-help resources. The OAH provides information sheets and guidance for self-represented parties at www.oah.maryland.gov.

17. Contact Maryland Legal Aid for possible free representation in administrative hearings, particularly for benefit, housing, and family law matters.

18. Request accommodations. If you need an interpreter, wheelchair access, or other ADA accommodations, contact OAH well in advance of the hearing.

14. SOURCES AND REFERENCES

Statutes

• Maryland Administrative Procedure Act — Md. Code Ann., State Gov't §§ 10-201 through 10-226
• OAH Enabling Statute — Md. Code Ann., State Gov't §§ 9-1601 through 9-1611
• Judicial Review of Administrative Decisions — Md. Code Ann., State Gov't § 10-222

Regulations

• OAH Rules of Procedure — COMAR 28.02.01
• Agency-specific hearing regulations — COMAR (varies by agency)

Office of Administrative Hearings

• Website: https://www.oah.maryland.gov
• Self-Representation Resources: https://oah.maryland.gov/pages/RepresentYourself.html
• Forms: https://oah.maryland.gov/pages/forms.html
• FAQs: https://oah.maryland.gov/pages/Faq.html
• Contact: (410) 229-4100

Legal Aid Resources

• Maryland Legal Aid: https://www.mdlab.org
• Disability Rights Maryland: https://www.disabilityrightsmd.org
• Maryland Volunteer Lawyers Service: https://mvlslaw.org
• People's Law Library of Maryland: https://www.peoples-law.org

This template is provided for informational purposes only and does not constitute legal advice. Administrative hearing procedures vary by agency, case type, and applicable statute. All deadlines, fees, and procedures should be verified with the specific agency and the Office of Administrative Hearings before filing. This template must be reviewed and customized by a qualified attorney licensed in Maryland before use.

Last updated: 2026-03-07