Md. Code Regs. 13B.04.01.16

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

Section 13B.04.01.16 - Conduct of Hearings

A. On a genuine issue in a contested case, each party is entitled to:

(1) Call witnesses;

(2) Offer evidence, including rebuttal evidence;

(3) Cross-examine opposing witnesses; and

(4) Make opening and closing statements.

B. Telephone Hearings.

(1) The Secretary or the Commission, as appropriate, may conduct all or part of the hearing by telephone, video conferencing, or other electronic means.

(2) For good cause, a party may object to the holding of a hearing by telephone, video conferencing, or other electronic means.

(3) All substantive and procedural rights apply to telephone, video, or other electronic hearings, subject only to the limitations of the physical arrangement.

(4) Documentary Evidence. For a telephone hearing, documentary evidence to be offered shall be provided by all parties so that it is received by each party and the Secretary or the Commission, whichever is presiding at the hearing, at least 5 days before the hearing.

(5) Default. For a telephone hearing, the following may be considered a failure to appear and grounds for a default:

(a) Failure to answer the telephone;

(b) Failure to free the telephone for a hearing; or

(c) Any other failure to be ready to proceed with the hearing as scheduled.

C. Order of Proceedings.

(1) The Secretary or the Commission, as appropriate, shall explain briefly the purpose and nature of the hearing.

(2) The Secretary or the Commission, as appropriate, may allow the parties to present preliminary matters.

(3) The Secretary or the Commission, as appropriate, shall state the order of presentation of evidence.

(4) Witnesses shall be sworn or put under affirmation to tell the truth.

Md. Code Regs. 13B.04.01.16

Regulations .16 adopted effective March 23, 1998 (25:6 Md. R. 490)