Md. Code Regs. 32.01.01.08

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

Section 32.01.01.08 - Prehearing Procedure

A. Discovery and Disclosure.

(1) Although parties are not entitled to compel discovery, they are encouraged to cooperate as much as possible in complying with good-faith requests for informal discovery.

(2) A party shall have the right to review at reasonable hours and locations and to copy at its own expense any document that is accessible under the Maryland Access to Public Records Act, State Government Article, §§ 10-611 -10-628, Annotated Code of Maryland.

(3) If required by the presiding officer, each party shall produce and make available to all other parties and to the presiding officer, in advance of the hearing, a copy of each document that the party intends to offer into evidence, and a list of all witnesses who will testify at the hearing for that party. The presiding officer may prohibit the introduction of any documentary or testimonial evidence not disclosed before the hearing as provided in this section.

B. Prehearing Conference.

(1) Before the hearing, the presiding officer may hold a prehearing conference. The principal purpose of the prehearing conference is to simplify the hearing by resolving preliminary matters.

(2) The presiding officer shall give written notice to all parties of the date, time, and place of the prehearing conference.

(3) At the discretion of the presiding officer, and subject to the consent of the parties, the prehearing conference may be conducted by telephone or other electronic means.

(4) The following subjects may be considered or decided at the prehearing conference:

(a) Stipulations and admissions of fact;

(b) Stipulations as to the authenticity and admissibility of documents;

(c) Evidentiary objections;

(d) Pending motions;

(e) The timetable for filing prehearing briefs and posthearing submissions;

(f) Problems relating to the sequence, scheduling, and qualification of witnesses;

(g) Settlement possibilities; and

(h) Any other matter relating to the conduct, scope, or substance of the hearing.

C. Prehearing Order.

(1) If a prehearing conference is held, the presiding officer shall prepare after the prehearing conference and send to all parties, a written prehearing order reciting the subjects discussed and actions taken.

(2) If a prehearing conference is not held, the presiding officer shall resolve any preliminary matters by issuing and sending to all parties an appropriate prehearing order.

(3) The prehearing order shall become part of the record of the case.

D. Motions.

(1) Motions shall be in writing and shall be filed not later than 10 days before the date of the prehearing conference or 20 days before the date of the hearing, whichever is earlier. Copies of motions shall be served by first-class mail or hand-delivery on all parties.

(2) A party wishing to oppose a motion shall file a written opposition within 7 days of receipt of the motion, and shall serve copies of the opposition on all parties in the manner prescribed in §D(1) of this regulation.

(3) For good cause shown, the presiding officer may extend or shorten any of the time limits for filing or opposing a motion. The time limits may also be extended or shortened by mutual consent of all parties, provided, however, that a deadline may not be extended beyond the date of the prehearing conference or, in the absence of a prehearing conference, the date of the hearing.

(4) If a party so requests in a motion or opposition, oral argument on the motion shall be permitted at the prehearing conference, at a specially convened motion hearing, or before the beginning of the hearing. The presiding officer may limit each party's time for oral argument.

E. Postponement of Hearing. Upon written request, the presiding officer may grant a postponement of the hearing. Except in extraordinary circumstances, requests for postponement shall be denied if made after the date of the prehearing conference. A request for postponement may not be granted unless the party making the request shows that the request is made in good faith and that hardship will result from its denial.

Md. Code Regs. 32.01.01.08

Regulations .08 adopted effective October 31, 1988 (15:22 Md. R. 2558)