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Proposed Amendments to Existing Regulations

The following regulations are to be proposed at the SHELRB meeting on March 29, 2007.
14.30.02 General
.01: unchanged
.02 Computation of Time Periods.

  1. Time periods in this subtitle refer to calendar days unless otherwise indicated. 
  2. For purposes of service of any document filed before the Board, absent any evidence to the contrary, it is presumed that any document served by U.S. mail was received by the addressee three business days after the date the document was mailed. Thus, a three day period shall be added to any time period in which service was effected by mail. 
  3. A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period, excluding weekends and state holidays. A time period which would otherwise end on a weekend or State holiday instead ends on the following business day. 
  4. Enlargement of Time Periods. The Board of the Executive Director may enlarge a time period not prescribed by statute: 
    1. Before the initial time period ends, without motion or notice, if good cause for the enlargement is shown; and
    2. After the initial time period ends, upon written motion filed with the Executive Director, if the failure to act was the result of excusable neglect or good cause.

  1. Time periods in this subtitle refer to calendar days unless otherwise indicated. 
  2. A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period unless the period ends on a Saturday, Sunday, or State holiday. A time period which would otherwise end on a Saturday, Sunday, or State holiday instead ends on the next day that is not a Saturday, Sunday, or State holiday. 
  3. Enlargement of Time Periods. The Board or the Executive Director may enlarge a time period not prescribed by statute: 
    1. (1) Before the initial time period ends without motion or notice if good cause for the enlargement is shown; and 
    2. (2) After the initial time period ends upon written motion filed with the Executive Director if the failure to act was the result of excusable neglect or good cause shown.
14.30.05 Elections
.01 through .09: unchanged
add.
.10 Tally of Ballots
  1. Time and Place 
    1. Ballots shall be counted at a place and time prescribed by the Board.
    2. Counting of ballots shall be done in the presence of:
      1. the Executive Director of the Board, or his/her designee
      2. an additional Board staff observer
      3. one observer from each party to the election
      4. one observer from the employer/institution
Change the numbering of all the remaining subsections, accordingly.
14.30.07 Unfair Labor Practices
.01 through .03: unchanged
.04 (A) through .04 (D): unchanged
.04(E) Response. Within 15 20 days of service of a petition… (remainder unchanged)
14.30.11 Hearings
.01 through .07: unchanged
.08 Representation
In contested case proceedings, a party with standing to file a complaint or petition may appear and be heard on its own behalf, or by its attorney. (State Government Article, § 10-206.1) Any attorney appearing before the Board must be licensed to practice in the state of Maryland. (Maryland Rule 16-812, MRPC 5.5) In the event that an out of state attorney wishes to represent a client before the Board, the attorney must apply for admission pro hac vice, pursuant to Maryland Rule 14, and Maryland Code, Business Occupations & Professions, Article 10-215.
In contested case proceedings, a party may be represented by an attorney or other representative in accordance with State Government Article, §10-206.1, Annotated Code of Maryland. An attorney representative shall notify the Board as to whether or not he or she is authorized to practice law in Maryland.

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