Md. Code Regs. 26.01.02.08

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

Section 26.01.02.08 - Separation of Functions

A. An individual who has served as prosecutor in an adjudicative proceeding may not serve as hearing examiner or assist or advise a hearing examiner in the same adjudicative proceeding.

B. A person who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as hearing examiner or as a final decision maker, or may assist or advise a hearing examiner or final decision maker in the same adjudicative proceeding, unless a party demonstrates grounds for disqualification in accordance with Regulation .10 of this chapter.

C. A person is not disqualified from serving as a hearing examiner or final decision maker at an adjudicative proceeding because of participation at a prior nonadjudicative proceeding involving the same matter.

Md. Code Regs. 26.01.02.08

Regulations .08 repealed effective October 16, 1989 (16:20 Md. R. 2183)
Regulations .08 adopted effective October 16, 1989 (16:20 Md. R. 2183)