Md. Code Regs. 17.02.03.06

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

Section 17.02.03.06 - Hearing

A. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the hearing officer during the prehearing conference or otherwise:

(1) Call of the case by the hearing officer;

(2) Opening statements by the parties;

(3) Presentation of evidence in the following order:

(a) The Department presents the basis for the Department's action or proposed action and other evidence,

(b) Parties aggrieved by the Department's action or proposed action present their objections to the Department's action or proposed action and other evidence,

(c) Other persons may present evidence at the discretion of the hearing officer,

(d) Rebuttals in the same order.

B. The provisions of State Government Article, 10-208-----10-214, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings.

C. Powers of Hearing Officer. The hearing officer shall have all powers necessary to these ends, including, but not limited to, the following powers to:

(1) Administer oaths and affirmations;

(2) Rule upon offers of proof and receive relevant and material evidence;

(3) Consider and rule upon all procedural and other motions appropriate to the proceedings;

(4) Examine witnesses;

(5) Maintain order, limit unduly repetitious testimony, and limit the time for presentations;

(6) Grant a continuance for good cause shown;

(7) Require parties to submit proposed findings of fact and conclusions of law;

(8) Call witnesses.

D. Rights of Party. Every party shall have the right on every genuine issue of fact to:

(1) Call witnesses and present evidence;

(2) Cross-examine every witness called by a party, or the hearing officer or other person;

(3) Submit rebuttal evidence;

(4) Present summation and argument; and

(5) File objections, exceptions, and motions, except that if 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.

Md. Code Regs. 17.02.03.06