Office of Administrative Hearings -Tight Deadlines

EdHershon · Jan 24, 2019

Please be aware that under the new rules that went into effect on October 1, 2018, the OAH has only 60 days to conduct the hearing from the date that the MSP files its Notice of Appeal.

This does not provide a great deal of time in which to conduct discovery in the case or review the record.

If you are the subject of one of the MSP appeals to the Office of Administrative Hearings and you are considering whether or not to continue to pursue your right to obtain a CCW, please keep in mind that your deadlines are strict and cannot be moved by OAH.

If you want to have counsel represent you, please engage them early enough so that they can do their job effectively.

Stoveman · Jan 24, 2019

No continuances given?

welder516 · Jan 24, 2019

Sucks , and IMHO they with hold information to even challenge them . The stuff they do should be un-lawful .

EdHershon · Jan 24, 2019

Stoveman said:
No continuances given?

Yes, but still has to be heard within 60 days per the statute.

EdHershon · Jan 24, 2019

welder516 said:
Sucks , and IMHO they with hold information to even challenge them . The stuff they do should be un-lawful .

Well, if they do not comply with my discovery requests, I will file a motion to compel. If they don’t turn over the requested info, I’ll move to exclude it at the hearing.

welder516 · Jan 24, 2019

EdHershon said:
Well, if they do not comply with my discovery requests, I will file a motion to compel. If they don’t turn over the requested info, I’ll move to exclude it at the hearing.

Your client should be very happy hearing that news ... :innocent0

hillbilly grandpa · Jan 24, 2019

I know at this juncture we are dealing with virgin territory. That being said, Ed, what is the guesstimate range of the cost of this chapter in the battle?

Stoveman · Jan 24, 2019

EdHershon said:
Yes, but still has to be heard within 60 days per the statute.

Just to make sure I'm clear, if an appeal is dated say 1 Jan and the hearing is set for 15 Feb they would only give a continuance of 15 days so that the hearing still happens within the 60 days?

EdHershon · Jan 24, 2019

hillbilly grandpa said:
I know at this juncture we are dealing with virgin territory. That being said, Ed, what is the guesstimate range of the cost of this chapter in the battle?

Yes, it is virgin territory and I am hoping to keep my costs down with being able to handle multiple cases.

If you wish to discuss my fees, I would suggest we speak directly and not here online as I consider this to be attorney-client privileged.

www.hershonlegal.com

EdHershon · Jan 24, 2019

Stoveman said:
Just to make sure I'm clear, if an appeal is dated say 1 Jan and the hearing is set for 15 Feb they would only give a continuance of 15 days so that the hearing still happens within the 60 days?

Stoveman, that is correct. I inquired about this today and asked if the applicant was to waive the time requirements, the answer was an emphatic “no extensions”. They have a requirement to hold the hearing with 60 days and the decision is to be handed down no later than 90 days from the last hearing.

Biggfoot44 · Jan 24, 2019

So the OAH is the only part of Md Gov't that actually follows deadlines set in Statutes ?

Not_an_outlaw · Jan 24, 2019

So, after attending the last HPRB meeting, the MSP said that as a matter of practice, they intimidate business owners into rescinding their support for concealed carry of their employees. Additionally the Vice Chairman read the law and it states that the records of the investigation are to be turned over to the HPRB, but they responded that the law didn't say they had to turn over "ALL" records, I doubt there will be such a thing as a fair hearing.

Allen65 · Jan 25, 2019

EdHershon said:
Well, if they do not comply with my discovery requests, I will file a motion to compel. If they don’t turn over the requested info, I’ll move to exclude it at the hearing.

Do OAH hearing officers have the authority to refer noncompliant folks to the State's Attorney for prosecution for contempt? If not, what leverage does OAH have to compel other than to find in favor of the other party by default?

Schipperke · Jan 25, 2019

Not_an_outlaw said:
So, after attending the last HPRB meeting, the MSP said that as a matter of practice, they intimidate business owners into rescinding their support for concealed carry of their employees. Additionally the Vice Chairman read the law and it states that the records of the investigation are to be turned over to the HPRB, but they responded that the law didn't say they had to turn over "ALL" records, I doubt there will be such a thing as a fair hearing.

Tell that to a Judge... :rolleyes:

Biggfoot44 said:
So the OAH is the only part of Md Gov't that actually follows deadlines set in Statutes ?

Probably up until the deadline for a ruling. Myself and a friend with administration hearings on separate matters, each waited a year for our orders.

shootin the breeze · Jan 25, 2019

Allen65 said:
Do OAH hearing officers have the authority to refer noncompliant folks to the State's Attorney for prosecution for contempt? If not, what leverage does OAH have to compel other than to find in favor of the other party by default?

That’s rich. Like Frosh, et al would prosecute their storm troopers. The deck is loaded and it’s not for us.

ShafTed · Jan 25, 2019

Biggfoot44 said:
So the OAH is the only part of Md Gov't that actually follows deadlines set in Statutes ?

All parts of MD Gov't will only do whatever is to the disadvantage of honest citizens.

BeoBill · Jan 25, 2019

ShafTed said:
All parts of MD Gov't will only do whatever is to the disadvantage of honest citizens.

Actually, no. All parts of MD Gov't will only do whatever is to the benefit of themselves, regardless of the effect on honest citizens.

You can take that to the bank.

Biggfoot44 · Jan 25, 2019

So, if I'm understanding , OAH has strict deadline to have hearing , but is totally open ended to make a ruling ?

Occam · Jan 25, 2019

Biggfoot44 said:
So, if I'm understanding , OAH has strict deadline to have hearing , but is totally open ended to make a ruling ?

No, they have to rule within 90 days.

Schipperke · Jan 26, 2019

Occam said:
No, they have to rule within 90 days.

Same law specifies HPRB to hold a hearing within 90 days of receipt of your request.

OAH will most likely have the decision in time. The real question is, if they do not what is your recourse? Throw more money at it?

Office of Administrative Hearings -Tight Deadlines

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