Md. Code Regs. 23.01.03.06

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

Section 23.01.03.06 - Hearing

A. General. The provisions of State Government Article, 10-211-----10-219, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings.

B. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Board or the administrative law judge during the prehearing conference or otherwise:

(1) Call of the case by the Board or the administrative law judge ;

(2) Opening statements by the parties;

(3) Presentation of evidence in the following order:

(a) The Board or its designee presents the basis for the Board's action or proposed action and other evidence,

(b) Parties aggrieved by the Board's action or proposed action present their objections and other evidence,

(c) Other persons may present evidence in the discretion of the Board or the hearing officer,

(d) Rebuttals in the same order.

C. Powers of Board or Administrative Law Judge. The Board or the administrative law judge shall have all powers necessary to these ends, including, but not limited to, the power to:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receive relevant and material evidence;

(3) Consider and rule upon all procedural and other motions appropriate to the proceedings;

(4) Examine witnesses;

(5) Maintain order, limit unduly repetitious testimony, and limit the time for presentations;

(6) Grant a continuance for good cause shown;

(7) Require parties to submit proposed findings of fact and conclusions of law;

(8) Call witnesses.

D. Rights of Party. Every party shall have the right on every genuine issue of fact to:

(1) Call witnesses and present evidence;

(2) Cross-examine every witness called by a party, the Board, or the administrative law judge or other person;

(3) Submit rebuttal evidence;

(4) Present summation and argument; and

(5) File objections, exceptions, and motions, except that if a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

Md. Code Regs. 23.01.03.06