Md. Code Regs. 07.02.26.11

Current through Register Vol. 51, No. 10, May 17, 2024

Section 07.02.26.11 - Discovery

A. The local department shall serve the appellant with the redacted record not later than 14 days before the scheduled hearing.

(1) Service is presumed to occur 3 days after mailing.

(2) If service of the record does not occur in accordance with this regulation, the appellant may request a reasonable postponement to review the record.

B. The local department is not required to provide a summary of the basis for its action.

C. By written request made at least 10 days before the hearing, the parties have the right to receive, not later than 5 days before the hearing, copies of documents and a list of witnesses to be presented by the other party at the hearing.

D. OAH may prohibit the introduction of information requested pursuant to §C of this regulation if the information was not provided 5 or more days before the hearing.

E. OAH's rules of discovery as set forth in COMAR 28.02.01 do not apply in contested cases conducted under this chapter.

Md. Code Regs. 07.02.26.11

Regulations .11 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .11 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .11 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .11 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .11 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017