Md. Code Regs. 10.01.09.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.01.09.05 - Conduct of the Evidentiary Hearing

A. The hearing shall be conducted by the Board, or by a person or agency designated by the Board.

B. The rules of evidence in all hearings shall be those set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.

C. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

D. The presiding officer or officers at the hearing may examine any witness called by any party or may call as a witness any persons in attendance at the hearing.

E. Testimony taken at the hearing shall be under oath. The oath shall be in the following form: "Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in this matter now pending before the Board shall be the truth, the whole truth, and nothing but the truth?"

F. If a party fails to appear at the hearing after due notice, the presiding officer or officers at the hearing may reschedule the hearing, or dismiss the appeal, or may proceed to determine the issues appealed on the available record.

G. The presiding officer or officers shall prepare an official record of the hearing which shall include the notice of appeal, the presiding officer or officers' record of the prehearing conference, the prehearing order, a stenographic transcription of any oral evidence presented at the hearing, as well as any pleadings, written testimony, exhibits, and other memoranda or materials filed in the proceedings.

Md. Code Regs. 10.01.09.05

Regulation .05A, B amended effective June 19, 2006 (33:12 Md. R. 997)