Md. Code Regs. 26.01.02.22

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

Section 26.01.02.22 - Prehearing Conference

A. The hearing examiner may hold a prehearing conference to enable the parties to discuss settlement, enter into stipulations, narrow the issues to be litigated, and to resolve other matters preliminary to the hearing.

B. A scheduled hearing will not ordinarily be postponed to allow the parties to have a prehearing conference.

C. Upon request of a party, the hearing examiner may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call.

D. Unless permitted by the hearing examiner, persons other than parties may not attend the prehearing conferences.

E. At the prehearing conference the following matters may be addressed:

(1) Stipulations and admissions of facts, the genuineness of documents, and other matters upon which there is no dispute;

(2) Matters of which official notice may be taken;

(3) When possible, determinations regarding the admissibility of any written documents, papers, exhibits, testimony, or materials proposed to be introduced at the hearing by each party;

(4) A proposed schedule of order for the following:

(a) Submission of written briefs,

(b) Order of presentation, and

(c) Presentation of oral arguments;

(5) Settlement possibilities;

(6) Determinations regarding the identity and limitations of the number of witnesses; and

(7) Rulings regarding issuance of subpoenas, discovery orders, and protective orders.

F. The hearing examiner may also consider such other matters as will promote the orderly and prompt conduct of the hearing.

G. At the discretion of the hearing examiner all or part of the prehearing conference may be conducted by telephone, television, or other electronic means, provided that each participant in the prehearing conference has an opportunity to participate, to hear, and to object.

H. The hearing examiner may prepare a written order reciting the actions taken or to be taken with regard to each of the matters in §E, of this regulation, and this order shall become a part of the record of the case.

I. If a prehearing conference is not held, the hearing examiner may issue a prehearing order to regulate the conduct of the proceedings.

Md. Code Regs. 26.01.02.22

Regulations .22 adopted effective October 16, 1989 (16:20 Md. R. 2183)