Md. Code Regs. 10.43.02.05

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

Section 10.43.02.05 - Conduct of the Hearing

A. Duties of Presiding Officer.

(1) The Board shall conduct hearings before a quorum of the Board.

(2) For purposes of a hearing under this chapter, four Board members present and entitled to vote shall constitute a quorum.

(3) Board action shall be by majority vote of all the members then serving.

(4) The President, or the President's designee, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

(5) The presiding officer may set reasonable time limits in arguments and presentation of evidence.

(6) The presiding officer shall be responsible for decorum in hearings and can suspend the proceedings as necessary to maintain decorum.

B. Legal Advisor and Counsel for the Board.

(1) The presiding officer may request the Office of the Attorney General to participate in any hearing to present the case on behalf of the Board, and, upon such a request, this counsel has all the rights with regard to the:

(a) Submission of evidence, examination and cross-examination of witnesses;

(b) Presentation of summation and argument; and

(c) Filing of objections, exceptions, and motions as counsel for any party.

(2) The presiding officer may also request a representative of the Office of the Attorney General to act as legal advisor to the Board as to questions of evidence and law.

C. Order of Procedure. The State shall present its case first. Then the respondent shall present his case. After this the State may present rebuttal.

D. Examination of Witnesses and Introduction of Evidence.

(1) The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland.

(2) Every party has the right on every genuine issue to:

(a) Call witnesses and present evidence;

(b) Cross-examine every witness called by the agency, or other party;

(c) Submit rebuttal evidence, present summation and argument; and

(d) File objections, exceptions, and motions, except that when a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

(3) The presiding officer, or the presiding officer's designee, may examine:

(a) A witness called by a party; and

(b) An individual in attendance at the hearing.

(4) A member of the Board may examine a witness called by a party.

(5) The Board may submit evidence from an investigative file to other administrative and criminal investigative offices to assist in the investigation and prosecution of a case.

Md. Code Regs. 10.43.02.05

Regulation .05 amended effective August 6, 2001 (28:15 Md. R. 1398)