Md. Code Regs. 02.02.06.18

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

Section 02.02.06.18 - Conduct of Hearings

A. Presiding Officer. The Commissioner shall preside at all hearings unless the Commissioner has delegated authority to conduct a hearing to the Office of Administrative Hearings or other hearing officer designated in accordance with State Government Article, § 10-205(a), Annotated Code of Maryland.

B. Order of Proceedings.

(1) The Commissioner shall call the hearing to order.

(2) The Commissioner shall explain briefly the purpose and nature of the hearing.

(3) The Commissioner may allow the parties to present preliminary matters.

(4) The parties may make opening statements.

(5) The Commissioner shall state the order of presentation of evidence.

(6) Witnesses shall be sworn or put under affirmation to tell the truth.

(7) The parties may present closing summations and argument.

C. Function of Presiding Officer. During the hearing, the Commissioner:

(1) Shall administer the oath or affirmation to each witness;

(2) Shall rule on the admissibility of evidence;

(3) Shall maintain order and take such action as necessary to avoid delay in the conduct of the hearing; and

(4) May question any witness as to any matter that the Commissioner considers relevant and material to the proceeding.

D. Presentation by Parties. On a genuine issue relevant to the determination of a contested case, each party may:

(1) Call witnesses;

(2) Offer evidence;

(3) Cross-examine any witness called by another party; and

(4) Make opening and closing statements.

E. Telephone Hearings.

(1) Consent of Parties. If each party consents and has an opportunity to participate in the entire proceeding, the Commissioner may conduct all or part of the hearing by telephone, video, or other electronic means.

(2) Documentary Evidence. A party shall mail copies of all documentary evidence to be offered during a telephone hearing to all parties and the Commissioner at least 5 days before the hearing.

(3) Default. The following conditions may be considered a failure to appear and grounds for default, if the conditions exist for more than 10 minutes after the scheduled time for a telephone hearing:

(a) Failure of a party to answer the telephone;

(b) Failure of a party to free the telephone for a hearing; or

(c) Failure of a party to be ready to proceed with the hearing as scheduled.

F. Waiver of Right to Appear at Hearing.

(1) A party may waive the right to appear personally at the hearing.

(2) A waiver shall be in writing and filed with the Commissioner.

(3) A waiver may be withdrawn by a party by written notice filed with the Commissioner not later than 7 days before the scheduled hearing.

(4) A party who has filed a timely written waiver may not be held in default for failing to appear at the hearing.

G. Public Hearings. All hearings are public unless all respondents request that the hearing be conducted privately and the Commissioner, for good cause shown, grants the request.

Md. Code Regs. 02.02.06.18