Md. Code Regs. 14.18.01.10

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

Section 14.18.01.10 - Hearings Before Commissioner

A. This regulation governs hearings on an application for a land patent or a certificate of reservation. To the extent that is practical, as determined by the Commissioner, this regulation also governs other hearings conducted by the Commissioner.

B. Location and Date. The hearing shall take place at the State Archives, 350 Rowe Boulevard, Annapolis, Maryland, on the date and at a time specified by the Commissioner. For cause, the Commissioner may designate another site as the place for the hearing. At the request of a party or at the Commissioner's initiative, a hearing may be postponed or continued to another date and time or moved to another site.

C. Notice. At least 15 days before the hearing, the Commissioner shall send a written notice to all parties advising them of the place, date, and time of the hearing. To the extent that the issues have been defined, the notice shall state the issues to be considered and decided. In the event of a postponement or continuance, the Commissioner shall give notice as may be effective in the circumstances.

D. Parties. The applicant and a person or governmental entity which has filed an objection are parties.

E. Representation. Parties may appear in proper person or by counsel. Parties represented by counsel shall advise the Commissioner of the counsel's name at least 10 days before the hearing.

F. Presiding Officer. The Commissioner is the presiding officer at the hearing. The Commissioner has complete charge of the hearing and shall conduct it in accordance with the Administrative Procedure Act.

G. Counsel to the Presiding Officer. If requested by the Commissioner, counsel to the State Archives or another attorney designated by the Attorney General shall serve as counsel to the Commissioner. Counsel to the Commissioner has all the rights and privileges that counsel for a party would have.

H. Prehearing Conference. The Commissioner may, upon due notice, hold a prehearing conference with the parties for the purpose of defining the issues, entering stipulations, and resolving other matters preliminary to the hearing.

I. List of Witnesses, Exhibits, and Documents. Before the hearing, the Commissioner may order the parties to file a list of witnesses, exhibits, and documents which they expect to call or introduce into evidence. Copies of the list shall be made available to all parties.

J. Record and Transcript.

(1) The Commissioner shall prepare an official record, which includes the pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.

(2) Unless waived by all parties, a stenographic record of the hearing shall be made and the expense shall be one of the costs of the hearing. If the record is transcribed at the direction of the Commissioner, a party may obtain a copy upon paying the cost of reproduction. If the record is not transcribed at the direction of the Commissioner, a party may, at the party's own expense, request that the record be transcribed and the Commissioner and any party may obtain a copy upon payment of the cost of reproduction.

K. Order of Procedure. Unless directed otherwise by the Commissioner, the applicant shall call witnesses and present evidence first. The objecting parties shall then call witnesses and present evidence. The applicant may then call witnesses and present evidence in rebuttal.

L. Opening Statements. The parties or their counsel may make opening statements.

M. Witnesses, Evidence, and Motions.

(1) Subject to the rules of evidence of the Administrative Procedure Act, the parties and the Commissioner may call witnesses and present evidence.

(2) Witnesses shall testify under oath and are subject to cross examination by the other parties and the Commissioner, or the Commissioner's counsel.

(3) Parties may make motions, exceptions, and objections. As the Commissioner considers appropriate, the Commissioner may allow other parties to respond. Except for good cause, the Commissioner shall promptly rule on all motions, exceptions, and objections.

(4) Parties represented by counsel may only examine and cross examine witnesses and make motions, exceptions, objections, and responses by counsel.

(5) The burden of proof is on the applicant.

N. Memoranda and Briefs. The Commissioner may allow the parties to submit memoranda and briefs in the form and number as the Commissioner may direct.

O. Closing Arguments. The parties or their counsel may make closing arguments.

P. Opinions. The Commissioner shall issue a written opinion within 30 days of the end of the hearing. A copy shall be promptly sent to each party.

Q. Costs. The Commissioner may assess a party with any part of the costs of the hearing.

Md. Code Regs. 14.18.01.10