Md. Code Regs. 09.01.02.13

Current through Register Vol. 51, No. 24, December 2, 2024

Section 09.01.02.13 - Conduct of the Proceedings

A. A quorum of the administrative unit shall be present for the hearing.

B. The presiding officer, in consultation with counsel, shall determine all procedural and evidentiary issues governed by this chapter and by the Administrative Procedure Act, and may impose reasonable time limitations.

C. The Maryland Rules of Civil Procedure may be used as a guide in resolving procedural issues governing the conduct of the hearing that are not addressed in this chapter and the Administrative Procedure Act.

D. The presiding officer may conduct all or any part of the hearing by telephone, television, or other electronic means, in accordance with State Government Article, § 10-211, Annotated Code of Maryland.

E. Order of Proceedings. Absent unusual circumstances, the order of proceedings in a case involving disciplinary charges against a respondent shall be as follows:

(1) Opening statements and preliminary matters may be heard;

(2) All individuals planning to testify shall be sworn before testifying;

(3) The presenter of evidence shall present the case against the respondent;

(4) The respondent or the respondent's attorney or representative may present the respondent's case;

(5) The presenter may present a rebuttal case; and

(6) The administrative unit may hear closing arguments in the same order as the presentation of evidence and may receive written memoranda of law.

F. In a disciplinary action case which includes a claim against a guaranty fund:

(1) The claimant or the claimant's attorney shall present the claimant's case after the presenter of evidence has presented the case against the respondent;

(2) The respondent or the respondent's attorney or representative may then present the respondent's case and respond to the claim;

(3) The attorney for the guaranty fund may then present evidence on the claim; and

(4) All parties may give closing argument in the same order as the presentation of evidence.

G. The presenter of evidence, the respondent, and the claimant may cross-examine any witness called by any party during a combined regulatory and guaranty fund hearing.

H. In an application case the order of proceedings shall be as follows:

(1) The applicant or the applicant's attorney shall present the case in support of the application;

(2) The presenter of evidence may then present the case in opposition to the application; and

(3) The applicant may then present rebuttal.

I. After the parties have completed their questioning of a witness, the presiding officer, members of the administrative unit, and counsel to the unit may question the witness.

J. Upon a showing of good cause that a hearing cannot be completed on the scheduled date, an administrative unit may grant a continuance of the proceeding.

Md. Code Regs. 09.01.02.13

Regulations .13 adopted effective December 12, 2002 (29:24 Md. R. 1918)