Md. Code Regs. 10.37.10.29

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

Section 10.37.10.29 - Challenges

A. Any party to a proceeding may challenge the ability of any member of the Commission to consider the rates or issues in that proceeding. Excepting private conferences, this challenge shall be made during the proceeding before its first hearing. Challenges may not be permitted after the first hearing, except in extraordinary circumstances.

B. A challenge shall be verified in writing, specifying the member of the Commission and shall set forth all its reasons. The challenge shall be filed with the Commission and entered upon the record of the proceeding.

C. A copy of the challenge shall be forwarded to the challenged member immediately after it is filed, and he may make whatever response he deems proper and necessary.

D. The challenge shall be denied or allowed by a majority of the Commission, excluding the challenged member. The order based on the decision shall be filed with the Commission, entered in the record of the proceeding and served on the challenged member and the challenging party.

E. If a challenge to a Commission member is allowed, he immediately shall cease all participation in the proceeding in question as a Commission member.

F. The allowance of a challenge to a member of the Commission may not, in itself, disqualify him from serving as a Commission member in other matters and proceedings.

Md. Code Regs. 10.37.10.29