Administrative Hearings Information

Important: Do not file your hearing request with the People​'s Insurance Counsel (PICD).

• MIA must receive your request in writing within 30 days of the date on the MIA decision letter
• Your request must specify the grounds for the relief you are seeking
• Note: Post-marking by the 30th day is not considered timely - MIA must receive your request by the 30th day
• You may be able to submit your request electronically through a link provided by MIA

• Consider what written information or documents you have (or could obtain) to show that the insurance company violated insurance laws
• You are responsible for proving your case at the hearing

• You may represent yourself (pro se)
• If you want representation, it must be by an attorney
• The People's Insurance Counsel Division (PICD) cannot provide legal representation for individuals
• Consider factors like legal costs, case complexity, and potential recovery amounts when deciding whether to hire an attorney
• For self-representation guidance, OAH offers helpful resources including FAQ at https://oah.maryland.gov/pages/Faq.html and instructional videos at: https://oah.maryland.gov/pages/OAHvideos.html

• Focus on what you need to prove: that the insurance company's actions violated Maryland insurance law
• Review applicable insurance laws and hearing rules
• Prepare to bring witnesses and documents that support your case
• Bring the original document plus three copies of each document
• Follow any specific instructions provided by OAH or MIA for your case

• For each witness, submit a written request for a subpoena including their full name and address
• For documents, specifically describe what you need in your subpoena request
• Submit subpoena requests at least 15 days before the hearing when possible
• Different service procedures apply depending on whether your hearing is at MIA or OAH
• You may be responsible for service fees and arrangements

• For MIA hearings: Submit a written postponement request at least 15 days before the hearing
• For OAH hearings: Submit a written request at least 5 days before the hearing with good cause documentation
• Send a copy of your request to all other parties
• Emergency postponements can be made by telephone
• Documentation supporting your reason for postponement improves your chances of approval

• The hearing begins with a brief introduction to procedures
• Each party may make opening statements
• Witnesses are called, examined by the party who called them, and cross-examined by the opposing party
• Documents or other evidence may be presented through witnesses
• After all witnesses have testified, the party with the burden of proof may present rebuttal evidence
• Each party may present a closing argument
• Your hearing may be in-person or virtual (check your hearing notice for details)

• The "burden of proof" is your responsibility to prove your allegations
• As the complainant, in most cases you will present your case first
• If you fail to attend the hearing, proceedings may continue without you or a default order may be issued against you
• The decision is typically issued within 30 days of the hearing

• The Administrative Law Judge (ALJ) or MIA hearing officer will issue a decision within approximately 30 days
• ALJ may issue a proposed decision or a final decision
• The decision will state whether the insurance company violated Maryland law

• For MIA hearings: Submit a written request for rehearing to the Insurance Commissioner
• For OAH hearings with a proposed decision: Submit a rehearing request to the Insurance Commissioner
• For OAH hearings with a final decision: The ALJ can revise the decision only if there was fraud, mistake, or irregularity
• You may appeal to Maryland Circuit Court by filing a petition for judicial review within 30 days of the date of the decision