A citizen who disagrees with an action taken by a State administrative agency may appear before an administrative law judge to obtain an impartial review. Administrative law judges are attorneys who are members in good standing of the Maryland Bar and have practiced law for at least five years. They are appointed by the Chief Administrative Law Judge to conduct administrative hearings and are independent of the government agency whose action is being contested. Though based in the Baltimore area, the judges hear cases statewide.
Since July 2010, the Office of Administrative Hearings has overseen a mediation process for homeowners facing foreclosure on owner-occupied residential property in Maryland. If a borrower requests mediation from the Circuit Court, an Administrative Law Judge meets with the mortgager and the lender to find agreement on an alternative to forclosure (Chapter 485, Acts of 2010; Code Housing & Community Development Article, sec. 4-507; Code Real Property Article, sec. 7-105.1).
The Office is headed by the Chief Administrative Law Judge, who is appointed to a six-year term by the Governor with Senate advice and consent (Code State Government Article, secs. 9-1601 through 9-1610).
The Council's ten members serve four-year terms. Seven are appointed by the Governor. The Senate President chooses a senator and the House Speaker a delegate to serve on the Council. The Attorney General serves ex officio (Code State Government Article, secs. 9-1608 through 9-1610).
STATE ADVISORY COUNCIL ON ADMINISTRATIVE HEARINGS
The State Advisory Council on Administrative Hearings, authorized in 1989, was created in 1990 (Chapter 788, Acts of 1989). The Council advises the Chief Administrative Law Judge and identifies issues of importance to administrative law judges that should be addressed. The Council also reviews matters relating to administrative hearings, the administrative process, and policies and regulations proposed by the Chief Administrative Law Judge.
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e-mail: mdmanual@mdarchives.state.md.us