Md. Code Regs. 14.08.01.06

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.08.01.06 - Procedure for Hearings on Complaints

A. The matter shall be heard by a panel of three chosen by the Chairman of the Board of Trustees. One member of the panel shall be the President of BISM and two other members shall be chosen from the Board of Trustees. He shall designate one member as Chairman of the Panel.

B. The style of the complaint shall be called, and all persons summoned or who intend to give testimony shall be sworn.

C. The Chairman shall explain briefly the purpose and nature of the hearing.

D. Introduction of the following exhibits shall be made:

(1) The written complaint;

(2) Acknowledgement of the complaint;

(3) Notice of the complaint and preliminary investigation;

(4) Report of the preliminary investigation;

(5) Notice of informal conference;

(6) Written request for hearing;

(7) Notices of hearing.

E. Counsel for any interested party may be heard on any preliminary objections, exceptions, or motions, provided counsel represents a person subject to some penalty under the law.

F. Introduction for identification only of any contracts, checks, notices, receipts, letters, files, or other documents relevant to the hearing shall be proffered.

G. Counsel for BISM shall conduct the initial examination of the witness, and any person subject to penalties under the law, or his counsel, shall be permitted to cross examine each witness in turn, after which counsel for BISM may examine the witness on redirect examination.

H. The rules of evidence of the Administrative Procedure Act, Article 41, § 252, Annotated Code of Maryland, shall apply. A copy of this section shall be furnished to the parties at or before the hearing.

I. Any person subject to penalty under the law may introduce any testimony or other evidence in rebuttal or of any affirmative nature. Any witness so introduced shall be subject to cross examination.

J. Counsel for BISM or any person subject to penalty under the law may make any statement or argument relevant to the hearing.

K. If the hearing panel determines that there is probable cause to believe that a violation of Article 30, § 30A, has been committed, it shall refer, within 7 days, its findings to the Office of the State's Attorney within the jurisdiction where the violation has occurred.

Md. Code Regs. 14.08.01.06