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Elizabeth M. Carven v. State Retirement & Pension System of Maryland, No. 58, September Term, 2009

STATE RETIREMENT AND PENSION SYSTEM -- BENEFIT ELIGIBILITY -- ADMINISTRATIVE PROCEDURE -- ADMINISTRATIVE APPEALS -- TIME LIMITATIONS -- CLAIMANT -- Because the regulations within COMAR title 22, subtitle 3, chapter 4 refer to a "claimant" as a party with a right to file a hearing while COMAR 22.03.04.02B(2) defines "claimant" as a "participant or a participating employer that has filed a request for a hearing," the term as used in that chapter cannot solely refer to a party that has filed such a request. In light of the context in which the term appears and the relevant regulatory scheme, "claimant," as used to refer to a party with the right to file a petition for a hearing under COMAR 22.03.04.06 and COMAR 22.03.04.07, refers to a "participant or participating employer" that, upon receiving notice of agency action, has a right to a "hearing" as that term is defined under COMAR 22.03.04.02B(5), SG

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Maryland Law