THE OFFICE OF ADMINISTRATIVE HEARINGS THE OFFICE OF ADMINISTRATIVE HEARINGS “OAH”

THE OFFICE OF THE OFFICE OF ADMINISTRATIVE ADMINISTRATIVE

HEARINGS HEARINGS

““OAHOAH””

OAH’S HISTORYOAH’S HISTORY• In the late 1980s, a Task Force was formed to

address widespread concerns as to the fairness, effectiveness and excessive costs of each State agency conducting its own hearings

• Prior to 1990, various State agencies employed 85 full-time and 5 contractual hearing examiners to conduct administrative hearings.

• January 1, 1990 OAH was founded as a centralized agency to conduct administrative hearings

Administrative Law Administrative Law Judges (“ALJs”)Judges (“ALJs”)

• From large and small law firms, from state’s attorney/public defender’s office, from state agencies

• Extensive years of legal experience• Members of the Maryland bar• Approximately 60 at present• Certified Mediators

ALL ALJS ARE SUBJECT TO ALL ALJS ARE SUBJECT TO THE CODE OF JUDICIAL THE CODE OF JUDICIAL CONDUCT FOR CONDUCT FOR ADMINISTRATIVE LAW ADMINISTRATIVE LAW JUDGES, MODELED ON THE JUDGES, MODELED ON THE JUDICIAL CODE OF ETHICSJUDICIAL CODE OF ETHICS

OAH’S DIVISION OF QUALITY OAH’S DIVISION OF QUALITY ASSURANCE PROVIDES ASSURANCE PROVIDES INITIAL AND ONGOING INITIAL AND ONGOING TRAINING FOR ALJs, TRAINING FOR ALJs,

OVERSEES THE QUALITY OF OVERSEES THE QUALITY OF WRITTEN DECISIONS, AND WRITTEN DECISIONS, AND SUPERVISES LAW CLERKS, SUPERVISES LAW CLERKS, PARALEGALS AND LIBRARY PARALEGALS AND LIBRARY

STAFF PROVIDING ALJ STAFF PROVIDING ALJ ASSISTANCEASSISTANCE

CASE TYPECASE TYPE EXAMPLESEXAMPLES

REPRESENTATION AT REPRESENTATION AT OAH PROCEEDINGSOAH PROCEEDINGS

• Pro Se• Fellow Inmates• Union representatives• Agency employees• Assistant Attorneys General• Public Defenders• Private Attorneys

ALTERNATIVE DISPUTE ALTERNATIVE DISPUTE RESOLUTIONRESOLUTION

• OAH conducts approximately 320 mediations annually (e.g., Special Education, Patient Bill of Rights, Health Care Matters, Environment and Boat Excise Tax cases)

• Our ALJs also act as Mediators for the Baltimore County District Court

FORECLOSURE MEDIATION

• House Bill 472 allows a homeowner to request a mediation session before a neutral third party – an ALJ at OAH.

• The OAH will send a notice of mediation that tells the parties the date, time and place of the mediation.

• The notice will contain important information about homeowner rights and responsibilities.

Request for Interpreter

• The OAH notice will have a form for requesting an interpreter or other accommodation.

• It is important that the homeowner request an accommodation or an interpreter before the mediation.

• An interpreter will be provided by OAH with no charge to the parties.

Document Exchange

• Twenty (20) days prior to the mediation, the parties will be required to exchange documents and provide a copy of all documents to OAH.

• The hearing notice will contain a list of all of the documents the homeowner is required to send.

Homeowner documents

• The borrower(s)’ signed federal tax returns (including all schedules and attachments) for the last two (2) years.

Additional documents

The borrower(s)’ proof of income—including:

• Employment income. Copies of two recent pay stubs not more than 90 days old that indicate year-to-date earnings.

• Self-employment income. The most recent quarterly or year to date profit and loss statement for each self-employed borrower.


• • Other earned income. For example, bonus, commission, fee, housing allowance, tips, overtime. Reliable third party documentation describing the nature of the income, such as an employment contract or printouts documenting tip income.

• Benefit income. For example, social security, disability, death benefits, pension, public assistance, adoption assistance. Evidence of (i) the amount and frequency of the benefits such as letters, exhibits, a disability policy or benefits statement from the provider, and (ii) receipt of payment, such as copies of the two most recent bank statements or deposit advices showing deposit amounts. If a benefits statement is not available, servicers may rely only on receipt of payment evidence, if it is clear that the borrower’s entitlement is ongoing.

Additional documents• Unemployment benefits. Evidence of the amount,

frequency and duration of the benefits (this information is found on your initial monetary determination letter). Any extension of length of the benefit (this information is found on your verification of unemployment status form).

• Rental income. Rental income is generally documented through the Schedule E—Supplemental Income and Loss, for the most recent tax year.

a. When Schedule E is not available, a current lease agreement and bank statements or cancelled rent checks.

Additional documents• Alimony, separation maintenance, and child support income.

Borrowers are not required to use alimony, separation maintenance, or child support income to qualify for a loss mitigation program. However, if a borrower chooses to provide this income, it should be documented with (i) copies of the divorce decree, separation agreement or other legal written agreement filed with a court, or a court decree that provides for the payment of alimony or child support and states the amount of the award and the period of time over which it will be received, and (ii) evidence of receipt of payment, such as copies of the two most recent bank statements or deposit advices showing deposit amounts.


• Non-borrower household income. Documents proving the income of any household member who is not a borrower but whose income will be relied upon to pay the modified loan.

• Budget and Expenses. A written summary of

the borrower(s) complete monthly household budget including all expenses.

Additional documents• If the loan does not have an escrow account, which means you

pay your property taxes and insurance directly—(i) a copy of the most recent property tax bill and proof of payment (if applicable) and (ii) a copy of current insurance bill and proof of payment (if applicable).

• Any previous loan modification documentation (if applicable).

• Current second or other subordinate mortgage statement including the telephone number and mailing address for the subordinate lien holder.

Requesting a postponement

• Postponements may be granted only for good cause.

• Requests for postponement must be made in writing to the OAH at least five days before the mediation is scheduled.


• The request should include the case name, OAH case number, hearing date, the reason for the postponement request, a telephone number where the requestor can be contacted Monday through Friday between 8:30 a.m. and 4:30 p.m., and at least three (3) dates within a 60-day period in which the requesting party and its witnesses will be available for a hearing. A copy of the request must be mailed to all parties involved in the case.


• OAH may require documentation for the reasons for the postponement request. If a party needs to make an emergency request for postponement, he or she may do so by telephone. For more information, contact the Office of Administrative Hearings at (410) 229-4100.

Mediation Session

• Mediation Sessions are confidential.

• ALJ will state the ground rules of the mediation session.

• All participants in the mediation session will be asked to sign an agreement to mediate.

Agreement to Mediate• I understand that the mediator is here to help build

understanding about the dispute, think about solutions, and reach an agreement. The mediator will not make decisions about the dispute or tell us how to resolve it.

• I understand that we are here to find a solution to our dispute and that this is most likely to occur if I openly share information.

• I understand that mediation discussions are confidential, and they are not admissible in any other administrative or judicial proceeding.

• The only written record of the mediation is the agreement that we jointly create. I understand that the mediator is not acting as a lawyer, administrative law judge, or advocate.

• I understand that the mediator cannot be called upon as a witness in any other administrative or judicial proceeding.

After the mediation session

• OAH will report the results of the mediation to the Circuit Court within five days of the mediation session.

• If there is an agreement, the parties will leave the mediation session with a copy of the agreement.

• If there is no agreement, the parties will be back in Court litigating the foreclosure.