Md. Code Regs. 26.01.02.29

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

Section 26.01.02.29 - Evidence

A. The rules of evidence shall be those which are provided for State Government Article, § 10-208, Annotated Code of Maryland. The hearing examiner may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give probative effect to that evidence. The hearing examiner may exclude evidence that is incompetent, irrelevant, immaterial, or unduly repetitious. The hearing examiner shall apply a privilege that law recognizes. Evidence, oral or documentary, is not to be excluded solely on the ground that it constitutes hearsay.

B. Expert testimony may be accepted by the hearing examiner if, in the hearing examiner's opinion, the testimony as proffered would aid in an understanding of the case.

C. On motion of any party made before testimony begins, the hearing examiner shall order that witnesses other than parties be excluded from the hearing room except when testifying, and the hearing examiner may do so on his or her own initiative or on motion of any party made after testimony begins. A party that is not a natural person may designate a representative to remain in the hearing room, even though the representative may be a witness. An expert witness who is to render an opinion based on testimony given at the hearing shall be permitted to remain during that testimony.

D. The hearing examiner may order the witness, parties, attorneys, and all other persons present in the hearing room not to disclose to any witness excluded under this regulation the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness' absence.

E. Direct testimony may be received in written form when this will expedite the hearing without substantial prejudice to the interests of any party.

F. Official Notice.

(1) The hearing examiner or final decision maker may take official notice of a fact that is:

(a) Judicially noticeable; or

(b) General, technical, or scientific and within the specialized knowledge of the hearing examiner or final decision maker.

(2) Before taking official notice of a fact, the hearing examiner or final decision maker shall:

(a) Notify each party; and

(b) Give each party an opportunity to contest the fact.

Md. Code Regs. 26.01.02.29

Regulations .29 adopted effective October 16, 1989 (16:20 Md. R. 2183)