Md. Code Regs. 09.10.04.06

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

Section 09.10.04.06 - Adjudicatory Hearings

A. Not less than 7 days before conducting an adjudicatory hearing, the Commission, through its Executive Director, shall send a written notice to the individual who is the subject of the hearing which shall contain:

(1) The date, time, place, and nature of the hearing;

(2) The authority of the Commission to hold the hearing;

(3) The pertinent hearing and regulatory sections under which the Commission is taking its action;

(4) A concise and simple statement of the facts that are asserted;

(5) The potential penalty;

(6) An advisement regarding the individual's right to:

(a) Be represented by an attorney who is admitted, or specially admitted, to practice law in this State,

(b) Call witnesses and submit evidence,

(c) Request subpoenas for witnesses and documents, and

(d) Request a copy of the hearing procedures; and

(7) A statement that the failure to appear for a scheduled hearing may result in an adverse action against the individual.

B. The Commission may, in its discretion:

(1) Grant a stay of an order of the stewards or judges pending a hearing before the Commission; or

(2) Suspend the license of an individual who is charged pending a hearing on the charges.

C. A hearing on the charges shall be held as promptly as possible, with due regard to the rights of the licensee charged, if the Commission:

(1) Declines to grant a stay of the suspension, as provided in §B(1) of this regulation; or

(2) Suspends the license of an individual charged pending a hearing on the charges, as provided in §B(2) of this regulation.

D. The Commission shall provide for the making of an official record of the hearing, which shall include testimony and exhibits, but, unless required for purposes of rehearing or court review, a transcription of the testimony may not be required.

E. At the hearing, an applicant or a licensee who may be affected by a decision of the Commission shall be given the opportunity to:

(1) Be represented by counsel;

(2) Be confronted with the evidence on which a charge is based;

(3) Cross-examine witnesses;

(4) Testify; and

(5) Produce testimony and evidence relevant to the issues involved.

F. A licensee may be subject to the suspension or revocation of a license held if:

(1) While under oath in a hearing, the licensee gives false or misleading statements of a relevant nature; or

(2) Except in the proper exercise of a legal privilege, the licensee fails to testify after proper notice.

G. When an adjudicatory hearing is conducted by a hearing committee under Business Regulation Article, §11-310, Annotated Code of Maryland, and the decision of the hearing committee is:

(1) Unanimous, the decision of the hearing committee is final and shall bind the entire Commission;

(2) Not unanimous, a de novo hearing on the matter shall be conducted by a quorum of the Commission.

Md. Code Regs. 09.10.04.06