​Attorney General of Maryland ​Anthony G. Brown

Administrative Hearings Information

​​​​​​​​​Understanding Administrative Hearings

The People's Insurance Counsel Division provides this guide to help Maryland residents understand the administrative hearing process for insurance complaints. This information will help you decide whether to request a hearing, prepare effectively, and navigate the process.

What is an administrative hearing?

  • A formal proceeding you can request if you receive a decision finding that the insurance company did not violate the law or that you disagree with from the Maryland Insurance Administration (MIA) on your complaint
  • Hearings are held either at the MIA or at the Office of Administrative Hearings (OAH)
  • You can testify, present evidence, and identify relevant insurance laws that you believe the insurance company violated
  • The insurance company will likely present witnesses or documents to defend its actions
  • Approximately one month after the hearing, you will receive a written decision that includes findings of fact and a determination on whether insurance laws were violated

Request process

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

Should you request a hearing?

  • 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

Preparing for your hearing

Representation options

  • 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

Case preparation

  • 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

Witnesses and evidence

  • 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

Changing your hearing date

  • 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 Process

What happens at the hearing

  • 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)

Key hearing concepts

  • 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

After the Hearing

Receiving the decision

  • 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

If you disagree with the decision

  • 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

Additional Resources

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