Md. Code Regs. 10.36.03.05

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

Section 10.36.03.05 - Conduct of the Hearing

A. Board Majority. Each hearing shall be held before a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, § 10-205, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, § 10-216, Annotated Code of Maryland. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members present at the Board hearing.

B. Duties of Presiding Officer.

(1) Unless the Board's hearing authority is delegated, the Chairman, or a Board member designated by the Chairman, shall be the presiding officer.

(2) The presiding officer shall:

(a) Have complete charge of the hearing;

(b) Permit the examination of witnesses;

(c) Admit evidence;

(d) Rule on the admissibility of evidence;

(e) Adjourn or recess the hearing from time to time.

(3) The presiding officer may set reasonable time limits on arguments and presentation of evidence.

(4) The presiding officer shall be responsible for order in the hearing and can suspend the proceedings as necessary to maintain order.

C. Legal Advisor and Counsel for the Board.

(1) The presiding officer may request the Office of the Attorney General to participate in any hearing to present the case on behalf of the State.

(2) The member of the Office of the Attorney General presenting the case on behalf of the State shall have all of the following rights:

(a) The submission of evidence;

(b) Examination and cross-examination of witnesses;

(c) Presentation of summation and argument; and

(d) Filing of objections, exceptions, and motions.

(3) The presiding officer may also request a representative of the Office of the Attorney General to act as legal advisor to the Board on questions of procedure, evidence, and law.

D. Order of Procedure. The case on behalf of the State shall be presented first. The respondent shall then present his case. After that, rebuttal shall be permitted.

E. Examination of Witnesses and Introduction of Evidence.

(1) The Board has the power to administer oaths and to compel the attendance of witnesses by subpoena. The Board shall issue subpoenas for any and all witnesses requested in writing by a party.

(2) The rules of evidence in all hearings in this chapter shall be as set forth in State Government Article, §§ 10-213 and 10-214, Annotated Code of Maryland.

(3) Each party has the right to:

(a) Call witnesses and present evidence;

(b) Cross-examine every witness called on behalf of the State or other party;

(c) Present summation and argument and file objections, exceptions, and motions.

(4) If a party is represented by counsel, the submission of evidence, examination, and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by that counsel.

(5) After the direct testimony of the witness is presented and after cross-examination, the Board members may ask questions.

(6) If an accused or complainant fails to appear at a hearing after due notice, the Board may reschedule the hearing, or at its discretion, proceed upon the investigation, report, documents, witnesses, and records before it.

(7) At the end of the hearing any party may submit briefs of the issues of fact and law involved in the hearing, which briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate.

Md. Code Regs. 10.36.03.05

Regulations .05 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1988); emergency status expired February 14, 1981 (Emergency provisions are temporary and not printed in COMAR)
Regulations .05 adopted effective December 3, 1984 (11:24 Md. R. 2069)
Regulation .05A and B amended effective November 26, 1990 (17:23 Md. R. 2732)