Md. Code Regs. 01.03.01.11

Current through Register Vol. 51, No. 21, October 18, 2024

Section 01.03.01.11 - Hearings

A. Time and Place.

(1) The chairman shall set the time and place for all hearings. However, unless all parties agree otherwise, a hearing will be held only in a county in which a court would have venue under Courts and Judicial Proceedings Article, Title 6, Subtitle 2, Annotated Code of Maryland.

(2) The chairman may postpone a hearing on request of a party for good cause shown, or on the panel's own motion.

(3) The chairman may continue or recess a hearing from time to time as necessary.

B. Notice.

(1) The chairman shall give each party at least 15 days notice of a hearing. However, this provision does not apply to resumption of a hearing that has been continued according to §A(3) of this regulation, if reasonable notice of the resumption has been given. Appearance at the hearing by a party waives any objection the party may have to any defect concerning the notice requirement unless the objection is specifically reserved.

(2) The chairman shall also give public notice of the hearing. This requirement is complied with by filing a notice of the hearing at the office of the Director at least 2 days before the hearing.

C. Default. Notwithstanding the failure of a duly notified party to appear, the arbitration panel may hear and, on the evidence produced, determine the controversy.

D. Rules of Evidence.

(1) The arbitration panel is not bound by the technical rules of evidence.

(2) Properly authenticated hospital records and the records of treating health care providers are admissible without the necessity of calling the physician, subject to reasonable notice, and the right of the opposing party to depose.

(3) A party may not produce testimony from more than two experts in a designated specialty unless the chairman, for good cause shown, permits additional experts.

(4) Evidence of any advance payment under Courts and Judicial Proceedings Article, § 3-2 A-08(a), and Article 48A, § 482(c), Annotated Code of Maryland, is not admissible until after the arbitration panel determines the issue of liability.

E. Rights of Parties.

(1) Each party has the right to be represented by counsel at any phase of the proceedings under the Act. If a party appears without counsel, the arbitration panel, if it has not done so previously, will on the record advise the party of the complexity of health care claims and suggest consideration of retaining counsel. A party who elects not to retain counsel may proceed without counsel. An attorney appearing in a representative capacity shall file with the Director a notice of appearance.

(2) On written request of a party for an interpreter, the panel shall first determine the need for an interpreter and, if needed, the panel shall provide the interpreter. The cost of the interpreter is considered a cost of the proceedings. A request for an interpreter shall be made not less than 30 days in advance of the hearing date.

(3) At the hearing, each party has the right to be heard, to present evidence material to the controversy, and to cross-examine witnesses.

F. Authority of Panel-Subpoenas.

(1) The chairman or the panel may issue subpoenas for attendance of witnesses and for production of records and other evidence.

(2) The chairman or the panel or any party may petition the court to enforce a subpoena. All provisions of law that may compel an individual under subpoena to testify apply to proceedings under the Act.

G. Authority of Panel-Witnesses.

(1) On request of a party, or on the panel's own motion, the arbitration panel shall administer the oath to a witness.

(2) Any panel member may question a witness.

(3) Witness fees are as provided for a witness in circuit courts of this State.

H. Authority of Panel-Record.

(1) Hearings before the Arbitration Panel.

(a) All proceedings before the arbitration panel are recorded.

(b) On written request of a party or on the panel's own motion, the proceedings, in whole or part, will be transcribed.

(c) If requested by a party, that party shall bear the cost of transcribing.

(d) If requested by the panel, the cost will become a part of the other assessable costs of the case, but a party may object to the incurring of this additional cost.

(e) The recorded tapes may not be destroyed for at least 5 years.

(2) Corrections and changes may not be made on the official transcript unless one of the following occurs:

(a) The arbitration panel determines the correction to be necessary to conform the transcript with the evidence as presented; or

(b) All parties agree in writing to the correction and the chairman of the panel concurs with the agreement.

I. Authority of Panel-Close of Hearing.

(1) After presentation of all evidence, an arbitration panel may order the parties to file briefs.

(2) The hearing shall close after presentation of all evidence or, if briefs are ordered, on the final date set for submission of briefs, or counsel's arguments on the briefs.

(3) An arbitration panel may reopen the hearing on written request of a party for good cause shown, or on the panel's own motion, at any time before the arbitration panel files its award.

Md. Code Regs. 01.03.01.11

Regulations .11 adopted effective June 3, 1996 (23:11 Md. R. 808)