Md. Code Regs. 09.12.11.14

Current through Register Vol. 51, No. 25, December 13, 2024

Section 09.12.11.14 - Rules of Procedure for Hearings

A. This regulation supplements the requirements of State Government Article, § 10-208, Annotated Code of Maryland.

B. Hearing Procedure.

(1) During a hearing, a party in interest may make any relevant statement or argument either directly or through counsel.

(2) Presiding Officer.

(a) "Presiding officer" means the Commissioner or an individual authorized to conduct a hearing.

(b) The presiding officer shall:

(i) Call the title of the case;

(ii) Briefly explain the purpose and nature of the hearing;

(iii) Recite any charge, complaint, or other matter involved;

(iv) Receive stipulations entered into by the parties; and

(v) Administer the oath to all persons who are summoned or intend to testify.

(c) The presiding officer may examine any witness.

(3) Counsel for any interested party or a party may raise and address any preliminary objection, exception, or motion.

(4) The following exhibits shall be introduced:

(a) If the presiding officer is a designee, a copy of the letter designating the individual to preside at the hearing;

(b) A copy of the petition, complaint, or other matter involved in the hearing; and

(c) A copy of the notice of hearing.

(5) Presentation of Evidence.

(a) "Presentor" means the assistant attorney general assigned to present evidence.

(b) The presentor shall introduce information obtained as a result of any investigation caused to be made by the Commissioner of Labor and Industry.

(c) Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party or presentor may:

(i) Present, examine, and cross-examine witnesses; and

(ii) Offer nontestimonial evidence.

C. Decision and Order.

(1) If the presiding officer at the hearing is a designee, the presiding officer shall make findings of fact and file them with the Commissioner.

(2) The Commissioner shall issue a decision and order containing:

(a) Findings of fact based on evidence presented at the hearing;

(b) Conclusions of law applying law to factual findings; and

(c) An order disposing of the case.

(3) A copy of the decision and order shall be served on each party or the party's counsel of record.

Md. Code Regs. 09.12.11.14

Regulations .14 effective April 4, 1973