Md. Code Regs. 32.01.01.07

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

Section 32.01.01.07 - The Presiding Officer

A. The Secretary may, at the Secretary's discretion, appoint a hearing officer to serve as presiding officer at the hearing and prepare proposed findings of fact and proposed conclusions of law.

B. If the Secretary elects not to appoint a hearing officer, then the hearing shall be conducted before the Secretary.

C. Powers of the Presiding Officer. The presiding officer shall have the authority and duty to conduct a full, fair, and impartial hearing, to take action to avoid unnecessary delay in the resolution of the case, and to maintain order. Specifically, but without limitation, the presiding officer shall have the power to:

(1) Regulate the course of the hearing, the scope of the issues, and the conduct of the parties and their counsel;

(2) Administer oaths and affirmations;

(3) Admit evidence and rule on the admissibility of evidence;

(4) Consider and decide all procedural, preliminary, and other motions, including applications for leave to participate under Regulation .05A(3) of this chapter;

(5) Examine witnesses and call witnesses not otherwise called by the parties;

(6) Limit the time for presentations, limit unduly repetitious testimony, and otherwise establish appropriate schedules, dates, timetables, and deadlines;

(7) Require parties to submit prehearing or posthearing briefs, proposed findings of fact, proposed conclusions of law, and stipulations;

(8) Adjourn or recess the hearing from time to time, and grant continuances for good cause shown;

(9) Determine whether a prehearing conference should be held, and, if so, preside at the prehearing conference; and

(10) Make decisions and take any other appropriate actions authorized by law.

D. Duties of the Presiding Officer if a Party is not Represented by an Attorney.

(1) The presiding officer shall provide the party with a copy of these regulations and shall satisfy himself that the party:

(a) Understands the nature of the proceedings;

(b) Understands the language and intent of these regulations; and

(c) Is cognizant of the rights to which he may be entitled under any applicable statutes governing the subject of the hearing and the rights under these regulations.

(2) If the presiding officer is unable to satisfy himself that the party is fully informed as to these matters, the presiding officer shall continue the hearing for a reasonable time, and provide the party with a list of legal assistance providers. If the party remains unrepresented, the hearing officer shall note this on the record.

(3) At the time the decision or order is rendered, the hearing officer shall fully apprise an unrepresented party of his right to an appeal from a decision or order and the methods and procedures by which an appeal can be made.

E. An individual may not serve as a hearing officer if the individual:

(1) Has personal knowledge of or personal interest in the matter that is the subject of the hearing;

(2) Is related to or maintains an ongoing business or social relationship with a person who either is involved in the matter that is the subject of the hearing or will appear as a witness;

(3) Is currently employed or was formerly employed by a party; or

(4) Is biased, prejudiced, or otherwise incapable of discharging impartially the duties of a hearing officer.

F. A party who has reason to believe that grounds exist for the disqualification of a hearing officer shall immediately file a petition for disqualification. The petition shall be addressed to the Secretary, and shall state with particularity the grounds upon which it is based. The Secretary may invite responses from other parties and the person whose disqualification is sought. The Secretary shall rule promptly on the petition, and shall indicate in writing the reasons for the decision and the facts upon which it is based.

Md. Code Regs. 32.01.01.07

Regulations .07 adopted effective October 31, 1988 (15:22 Md. R. 2558)