Md. Code Regs. 12.07.01.07

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

Section 12.07.01.07 - Hearing Procedures

A. General.

(1) If after conducting a preliminary review, the Executive Director decides the grievance should proceed to a hearing, the Executive Director, or a designee, shall notify the grievant and all other individuals determined necessary for the hearing of the date, time, and location of the hearing.

(2) To the extent that security considerations permit, a hearing conducted under this chapter shall be open to the public.

(3) An administrative law judge of the State Office of Administrative Hearings shall preside over the hearing.

B. Prehearing discovery procedures do not apply to inmate grievance proceedings.

C. During a hearing, the grievant may:

(1) Be represented by an attorney licensed to practice law in the State, another inmate, or may appear without representation;

(2) Call witnesses determined by the Office or the presiding administrative law judge to have competent and relevant testimony that is not unduly cumulative or repetitive; and

(3) Present or request the presentation of documents and records determined by the Office or the presiding administrative law judge to be competent and relevant and not unduly repetitious in the determination of the merits of the grievance.

D. The administrative law judge shall conduct the hearing according to standards established under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 12.07.01.07

Regulations .07 adopted effective June 6, 1994 (21:11 Md. R. 952)