Md. Code Regs. 02.02.06.20

Current through Register Vol. 51, No. 24, December 2, 2024

Section 02.02.06.20 - Evidence

A. Standards of Admissibility. Evidence shall be admitted in accordance with State Government Article, § 10-213, Annotated Code of Maryland.

B. Relevance. The Commissioner may admit evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and give probative effect to that evidence.

C. Exclusion of Evidence. The Commissioner may exclude evidence that is incompetent, irrelevant, immaterial, or unduly repetitious.

D. Hearsay. Evidence may not be excluded solely on the ground that it is hearsay.

E. Stipulations. Parties may, by stipulation, agree on any facts relevant to the proceedings. The facts stipulated shall be considered proven for purposes of the proceedings.

F. Official Notice.

(1) The Commissioner may take official notice of a fact that is judicially noticeable or that is within the specialized knowledge of the Division.

(2) Before taking official notice of a fact, the Commissioner shall:

(a) Notify each party before or during the hearing; and

(b) Give each party an opportunity to contest the fact.

Md. Code Regs. 02.02.06.20