Md. Code Regs. 26.01.02.09

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

Section 26.01.02.09 - Powers and Duties of Hearing Examiners

A. The hearing examiner shall have the authority and duty to:

(1) Conduct a full, fair, and impartial hearing;

(2) Take action to avoid unnecessary delay in the disposition of the proceedings; and

(3) Maintain order.

B. The hearing examiner shall have complete charge of the hearing, and may permit examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

C. The hearing examiner shall have the power to regulate the course of the hearing and the conduct of the parties and their counsel and shall have all powers necessary to implement §§A and B, of this regulation, including, but not limited to, the power to:

(1) Administer oaths and affirmations;

(2) Issue summonses for witnesses and subpoenas requiring the production of documents;

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

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

(5) Examine and call witnesses;

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

(7) Grant a continuance for good cause shown;

(8) Require that parties submit proposed findings of fact and conclusions of law;

(9) Make decisions and take any other appropriate actions authorized by law;

(10) Issue the orders as are necessary to secure simplicity in procedure, fairness in administration, and elimination of unjustifiable expense and delay.

Md. Code Regs. 26.01.02.09

Regulations .09 repealed effective October 16, 1989 (16:20 Md. R. 2183)
Regulations .09 adopted effective October 16, 1989 (16:20 Md. R. 2183)