Md. Code Regs. 21.10.05.10

Current through Register Vol. 51, No. 21, October 18, 2024

Section 21.10.05.10 - Hearings: Nature, Examination of Witnesses

A. Nature of Hearings. Hearings shall be as informal as may be reasonable and appropriate under the circumstances. Appellant and respondent may offer at a hearing on the merits such relevant evidence as they deem appropriate, subject, however, to the sound discretion of the presiding member in supervising the extent and manner of presentation of this evidence, the guidelines set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and applicable case law. In general, admissibility will hinge on relevancy and materiality. Letters or their copies, affidavits, or other evidence that may not be admissible under the Maryland Rules of Evidence may be admitted in the discretion of the presiding member. The weight to be attached to evidence presented in any particular form will be within the discretion of the Appeals Board, taking into consideration all the circumstances of the particular appeal. Stipulations of fact agreed upon by the parties may be regarded and used as evidence at the hearing. The parties may stipulate the testimony that would be given by a witness if the witness were present. The Appeals Board may in any appeal require evidence in addition to that offered by the parties.

B. Examination of Witnesses. Witnesses before the Appeals Board shall be examined orally under oath or affirmation, unless the facts are stipulated or the presiding member shall otherwise order.

C. Exchange of Exhibits. The parties are required, whenever possible, to exchange exhibits in advance of the hearing. When this is not possible, exhibits shall be exchanged so as to avoid both delay to the hearing and unwarranted surprise.

D. Voluntary Cooperation. Each party is expected to cooperate and make available witnesses and books, papers, documents, or tangible things under its control as needed for its own appeal or as requested by the other party, without issuance of an order, and to secure voluntary attendance of desired third-party books, papers, documents, or tangible things, whenever possible.

Md. Code Regs. 21.10.05.10

Regulation .10 adopted effective 48:21 Md. R. 883, eff. 9/9/2021; amended effective 49:3 Md. R.137, eff. 9/9/2021; amended effective 49:4 Md. R. 302, eff. 2/21/2022