Md. Code Regs. 01.02.03.11

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

Section 01.02.03.11 - Hearing Procedure

A. Administrative Procedure Act. All hearings held pursuant to Business Regulation Article, Title 6, Annotated Code of Maryland, or these regulations shall be subject to the provisions of the Administrative Procedure Act.

B. Parties. The Secretary, or the designee of the Secretary, shall permit any party to be present at the hearings.

C. Presiding Officer. The Secretary, or the Secretary's designee, shall be the presiding officer and shall have complete charge of the hearing. The Secretary shall permit the examination of witnesses, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.

D. Office of the Attorney General. The Secretary, or the Secretary's designee, may request the Attorney General's Office to participate in any hearing as counsel. Upon this request, counsel shall have all of the rights with regard to submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument as counsel for any party.

E. Oath. All testimony taken by the Secretary shall be under oath. The oath shall be in the following form: "Do you solemnly swear or affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the Secretary shall be the truth, the whole truth, and nothing but the truth?"

F. Rules of Evidence.

(1) The rules of evidence in all hearings held pursuant to the Act or these regulations shall be those set forth in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(2) Any party may submit evidence, examine and cross-examine witnesses, file objections and motions, and present oral argument. When a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, filing of objections and motions, and presentation of oral argument shall be done solely by counsel.

(3) The Secretary, or the Secretary's designee, may examine any witness called by any party. The Secretary, or the Secretary's designee, may call as a witness any person in attendance at the hearing.

(4) Subject to the requirements of Regulation .10C, above, the petitioner shall have the right to call as a witness any employee of the Secretary whose action or inaction the petitioner is contesting. If the Secretary or the Secretary's counsel introduces as evidence documents filed by the petitioner or documents resulting from an investigation or other sources, the petitioner shall have the right to examine the documents and the person who prepared them, if that person prepared the documents at the request of the Secretary.

Md. Code Regs. 01.02.03.11

Regulation .11B amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation .11C amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation .11D amended effective October 3, 1988 (15:20 Md. R. 2332)
Regulation .11F amended effective October 3, 1988 (15:20 Md. R. 2332); amended effective 49:16 Md. R.757, eff. 8/8/2022