Md. Code Regs. 10.63.07.09

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

Section 10.63.07.09 - Hearing

A. Within 10 business days from the Administration's approval of the program application, a hearing shall be held by the Office of Administrative Hearings to decide if the patient meets the program admission requirements of this chapter.

B. The hearing may be postponed for good cause for not more than 10 business days from date of the postponed hearing.

C. Burden of Proof. The Administration shall demonstrate by clear and convincing evidence that the individual meets each of the requirements set forth under Regulation .05 of this chapter.

D. Rights of Parties.

(1) At a hearing, the parties have the right to:

(a) Be represented by counsel;

(b) Present witnesses;

(c) Cross-examine witnesses presented by the other party;

(d) Present documentary or other relevant evidence;

(e) Submit rebuttal evidence; and

(f) Present summation and argument.

(2) In addition, an individual has the right to:

(a) Wear the individual's choice of clothes; and

(b) Be present or waive the right to be present, if the waiver is:

(i) Knowingly and intelligently made; and

(ii) Witnessed by the individual's counsel.

E. Findings and Conclusions. After the evidence and testimony are presented, and following summation and argument by the parties, the ALJ shall:

(1) Consider all evidence and testimony of record;

(2) Rule on issues raised by the individual that relate to the admission of the individual into the program;

(3) Order the individual released into the program if the inpatient facility has met its burden of proof establishing that the individual meets the program admission criteria under Regulation .05 of this chapter; and

(4) State on the record the:

(a) Findings, including whether the individual waived the right to attend the hearing;

(b) Conclusions of law on any issue presented; and

(c) Right of the individual to judicial review of the decision of the ALJ under State Government Article, §10-222, Annotated Code of Maryland, and the procedure for requesting judicial review.

Md. Code Regs. 10.63.07.09

Regulation .09 adopted effective 44:22 Md. R. 1037, eff. 11/6/2017