Md. Code Regs. 31.02.01.05-1

Current through Register Vol. 51, No. 25, December 13, 2024

Section 31.02.01.05-1 - Discovery

A. By written request served on other parties and filed with the hearing officer not later than 20 days before the scheduled hearing, a party may require any other party to produce, within 15 days, for inspection or copying, any file, memorandum, correspondence, document, object, or tangible thing:

(1) Relevant to the subject matter of the case; and

(2) Not privileged.

B. Unless provided by agreement of the parties, no other discovery procedure is allowed.

C. Copies.

(1) Copies of requested documents and records shall be made at the expense of the party making the request.

(2) The charge for copies of requested documents and records may be waived by the custodian of the documents in accordance with State Government Article, § 10-621(e), Annotated Code of Maryland, or other applicable law.

D. Objection to Production.

(1) A party may object to the production of a file, memorandum, correspondence, document, object, or tangible thing by filing a motion to quash discovery or for other relief.

(2) The hearing officer, for cause shown, may issue any order that justice requires to protect the party from annoyance, embarrassment, oppression, or undue burden or expense.

E. A party who has responded to a request for production and who obtains or discovers, before the hearing, additional files, memoranda, correspondence, documents, objects, or tangible things that are relevant to the request for production shall supplement the response to the request promptly.

F. As sanction against a party that fails to comply with a request for production, the hearing officer, either on the hearing officer's own motion or by motion of the party requesting the production, may issue an order:

(1) Refusing to allow the party to support or oppose designated claims or defenses;

(2) Prohibiting the party from introducing designated matters into evidence;

(3) Striking any allegations or charges made by the party failing to produce;

(4) Staying further proceedings until the discovery is provided; or

(5) Dismissing the action or any part of it.

Md. Code Regs. 31.02.01.05-1

Regulation .05-1 adopted effective October 10, 2005 (32:20 Md. R. 1657)