Md. Code Regs. 09.12.43.19

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

Section 09.12.43.19 - Hearings

A. Notice of Hearing.

(1) Within 10 days of receipt of a request for hearing, the Council shall request that the Office of Administrative Hearings designate an administrative law judge.

(2) The administrative law judge shall give reasonable notice of the hearing by certified mail, return receipt requested, to the appropriate sponsor.

(3) The notice shall include:

(a) A reasonable date, time, and place of the hearing;

(b) Reference to the provisions of this subtitle under which the hearing is being held; and

(c) A concise statement of the matters under which the action forming the basis of the hearing is proposed to be taken.

B. Conduct of Hearings.

(1) The administrative law judge shall:

(a) Regulate the course of the hearing; and

(b) On the basis of the record:

(i) Make proposed findings, and

(ii) Recommend decisions.

(2) Hearings shall be informally conducted.

(3) All parties have the right to counsel and a fair opportunity to present the case, including cross-examination as may be appropriate in the circumstances.

C. Rules of Procedure.

(1) All hearings shall be public.

(2) The administrative law judge shall explain the purpose and nature of the hearing.

(3) The following exhibits shall be introduced:

(a) The written complaint;

(b) Acknowledgment of complaint;

(c) Preliminary investigation; and

(d) Written request for hearing.

(4) Rules of evidence in all hearings shall be as set forth in State Government Article, 10-213 and 10-214, Annotated Code of Maryland.

(5) A party involved in the complaint may appear at the hearing in person or by counsel.

(6) All decisions of the Council shall be in writing and given to each party involved.

Md. Code Regs. 09.12.43.19

Regulations .19 adopted effective March 22, 1999 (26:6 Md. R. 484)