Md. Code Regs. 26.20.34.05

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

Section 26.20.34.05 - Conduct of Adjudicatory Hearing

A. An adjudicatory hearing shall be conducted generally in the following order, unless modified by the hearing officer during the prehearing conference:

(1) Call of the case by the hearing officer;

(2) Opening statements by the parties;

(3) Presentation of evidence in the following order:

(a) Unless otherwise directed by the specific regulation providing a right to a hearing, the party requesting the hearing has the burden of proof on all material issues, has the burden of going forward to present an affirmative case upon the issues, and has the ultimate burden of persuasion;

(b) Other parties;

(c) Rebuttals in the same order;

(d) Closing statements of the parties in the same order of opening statements.

B. The hearing officer shall have the authority and duty to conduct a fair and impartial hearing, to take action to avoid unnecessary delay in the disposition of the proceedings, and to maintain order, including, but not limited to the following:

(1) To administer oaths;

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

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

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

(5) To examine witnesses;

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

(7) To identify and rule upon issues of law provided that, in making the the rulings, the hearing officer shall be bound by the:

(a) Department's regulations;

(b) Constitution;

(c) Laws of the United States; and

(d) Laws of Maryland;

(8) To grant a continuance for good cause shown;

(9) To require parties to submit proposed findings of fact and conclusions of law; and

(10) To provide an opportunity for any party to file a brief containing legal argument and citations in support of the party's position on issues of law identified in the proceedings.

C. Parties shall have the right to cross-examine a witness who appears at an adjudicatory hearing to the extent that cross-examination is necessary for full and true disclosure of the facts. The provisions of the Administrative Procedure Act shall apply to the adjudicatory hearing.

D. In multiparty proceedings, the hearing officer may limit cross-examination to one party on each side if he is satisfied that the cross-examination by the party will adequately protect the other parties. Other parties may engage in cross-examination relevant to matters not adequately covered by previous cross-examination.

E. Rulings of the hearing officer on the admissibility of evidence, the propriety of cross-examination, and other procedural matters shall be final and shall appear in the record.

F. Evidence may not be excluded on the grounds that it was generated, discovered, or became available after the action which is the subject of the hearing.

Md. Code Regs. 26.20.34.05

Regulations .05 were previously codified as COMAR 08.13.09.43 a A_D, E_J, and K_O, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.