2.35.030 Scope and applicability.
(a) General Principle. This adjudicatory hearing chapter is applicable to contested case hearings as defined in the APA and to such other matters as designated by the Commission. Conflicts between this chapter and other Commission regulations or policies that address procedural matters for contested case hearings shall be resolved in favor of the latter.
(b) Specific Examples.
(1) Matters subject to this chapter include:
(i) Claims for a refund of a fee or charge in excess of that which is proper and legal;
(ii) Denial, revocation or suspension of a plumber’s or gas fitter’s license;
(iii) Debarment of a contractor from bidding on future contracts;
(iv) Denial or revocation of status as a small local business enterprise;
(v) Claims for benefits under the WSSC employees’ retirement plan;
(vi) Complaints, orders, or revocation or suspension of permits issued pursuant to the Industrial and Special Waste Chapter of the WSSC Plumbing and Fuel Gas Code (WSSC Chapter 14.25); and
(vii) Revocation or suspension of water or sewer authorizations or system extension permits.
(2) Matters exempt from this chapter include:
(i) Matters not requiring an agency hearing.
(ii) Protests concerning Commission procurement contracts.
(iii) Contract claims and disputes relating to Commission procurement contracts.
(iv) Internal hearings on personnel matters (See WSSC Personnel Policy and Benefit Programs Manual for applicable procedures.) Permanent separation from service of a merit employee may be appealed to the Office of Administrative Hearings in accordance with the Public Utilities Article, § 18-123(b), Annotated Code of Maryland, and the State Personnel and Pensions Article, § 4-401, Annotated Code of Maryland.
(v) Matters before the Claims Dispute Resolving Board. (See WSSC Chapter 3.10.)
(vi) Disputes regarding unpaid water bills heard by the Dispute Resolving Board. (See WSSC Chapter 3.15.)
(vii) Public informational hearings, such as hearings on the WSSC capital or operating budgets, capital improvements program, water and sewer rates, or any other quasi-legislative hearing.
(viii) Matters regarding the reasonableness of any assessment, tax levy, or service charge of the WSSC, which may be appealed to the Maryland Public Service Commission pursuant to the Public Utilities Article, § 25-105, Annotated Code of Maryland.
(ix) Matters delegated by the WSSC to the Office of Administrative Hearings, except that the provisions of WSSC 2.35.070(b) shall apply where final decision making authority has been retained by the Commission. (REG-LGS-GC-2014-002 § III)