Md. Code Regs. 02.01.02.14

Current through Register Vol. 51, No. 12, June 14, 2024

Section 02.01.02.14 - Conduct of Hearing

A. Hearings Before the Chief.

(1) In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply.

(2) Each party is entitled, on a genuine issue in a contested case, to:

(a) Call witnesses;

(b) Offer evidence; and

(c) Cross-examine any witness who testifies.

(3) Exclusion of Witnesses.

(a) Upon request by a party, the Chief shall exclude witnesses other than parties from the hearing room, except when testifying.

(b) A party that is not an individual may designate an employee or officer as its representative to remain in the hearing room, even though the employee or officer may be a witness.

(c) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.

(d) A party, representative, witness, or spectator may not disclose to a witness excluded under §A(3) of this regulation the nature, substance, or purpose of testimony, or other evidence introduced during that witness's absence.

(e) The Chief may:

(i) Exclude the testimony of a witness who receives information in violation of §A(3) of this regulation; or

(ii) Take other appropriate action.

B. COMAR 28.02.01.20 governs hearings delegated to the Office.

Md. Code Regs. 02.01.02.14

Regulations .14 adopted effective January 31, 2005 (32:2 Md. R. 145)