Md. Code Regs. 09.12.71.01

Current through Register Vol. 51, No. 22, November 1, 2024

Section 09.12.71.01 - Procedure for Public Hearings

A. The Commissioner of Labor and Industry, or the Commissioner's designee, shall be the hearing officer.

B. The hearing officer shall:

(1) Call the title of the case;

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

(3) Administer the oath to all persons who are summoned or intend to testify; and

(4) Receive any stipulations entered into by the parties.

C. Counsel or any party may address any preliminary matter, exception, or motion.

D. The following exhibits shall be introduced:

(1) If the hearing officer is the Commissioner's designee, a copy of the letter designating the individual to preside at the hearing;

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

(3) A copy of the notice of hearing sent to each party.

E. Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may:

(1) Call witnesses;

(2) Offer evidence, including rebuttal evidence;

(3) Cross-examine witnesses; and

(4) Present argument and summation.

F. The hearing officer may question any witness.

G. The rules of evidence of the Administrative Procedure Act--Contested Cases, State Government Article, §10-208, Annotated Code of Maryland, shall apply.

H. The hearing officer's decision shall include:

(1) Findings of fact based on the evidence presented;

(2) Conclusions of law applying the law to the factual findings; and

(3) An order disposing of the case.

I. The hearing officer shall promptly deliver or mail a copy of the decision to each party or the party's attorney of record.

Md. Code Regs. 09.12.71.01

Regulations .01 and new Regulation .01 adopted effective December 14, 1987 (14:25 Md. R. 2659)