Md. Code Regs. 07.02.26.12

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.02.26.12 - Conduct of Hearing

A. A party may not call a child younger than 14 years old to testify or otherwise participate in a hearing under this chapter unless the party seeking to introduce the child's testimony or involve the child demonstrates that:

(1) The child's testimony or involvement is essential to a determination of the appeal; and

(2) There is no likelihood that the requested testimony or involvement will emotionally harm the child.

B. The local department bears the burden of proof at the hearing.

C. The local department's record shall be presumed authentic.

D. Representation.

(1) The local department's case may be presented by a local department representative or an attorney representing the local department.

(2) An appellant's case may be presented by the appellant or an attorney representing the appellant.

Md. Code Regs. 07.02.26.12

Regulations .12 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .12 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .12 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .12 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .12 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017