Md. Code Regs. 10.37.10.14

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

Section 10.37.10.14 - Conduct of Public Hearing

A. The Chairman of the Commission shall preside at the public hearing, which may be called to order when the presiding officer is in attendance. If the Chairman is absent or has been disqualified, the Vice-chairman or another commissioner shall preside.

B. The Commission may direct that a hearing officer preside at the public hearing. In this case, the hearing officer may exercise all powers given to a presiding commissioner in these regulations during all sessions of the public hearing.

C. At the discretion of the Commission, the specific duties of the hearing officer may include the following:

(1) Making all rulings as to evidence, testimony, and official notice;

(2) Setting the order for the examination and cross-examination of witnesses;

(3) Administering oaths and affirmations;

(4) Preparing both written and oral summaries of cases heard;

(5) Preparing a recommendation for the Commission consisting of a written report with findings of fact and conclusions of law.

D. The presiding officer may adjourn a hearing to a specified time, date, and place.

E. All public hearings shall be recorded and testimony shall be under oath. A transcript of the record of the hearing shall be placed in the file of the proceeding. If the hospital or any other party desires a copy of the transcript, that party shall make arrangements with the stenographer.

F. All direct testimony shall be submitted in writing and in an issue-by-issue format. The hearing shall begin with the examination of the representative of the hospital and any witnesses which the hospital may desire to have testify in its behalf. Whenever practicable, the testimony of witnesses shall proceed on an issue-by-issue basis.

G. The Commission's staff member assigned to the proceeding shall be the next witness to be examined on the issue in question. In a Commission initiated review, the staff member assigned to the proceeding shall be examined before the hospital witness.

H. Representatives of the other interested parties who have submitted written testimony shall be examined in the order set by the presiding officer.

I. The Commission may examine witnesses at any time during the course of the proceeding. Commission staff and representatives of the hospital and interested parties may also examine witnesses.

J. All testimony and examination shall be relevant to the subject of the proposed rates. Redundant and irrelevant testimony and examination shall be prohibited or stricken by the presiding officer. In addition, all interested parties may move the Commission to strike redundant and irrelevant testimony.

K. At the presiding officer's discretion, he may allow direct oral testimony if a person attending the hearing demonstrates good cause for not submitting the testimony in written form before the hearing. Witnesses giving direct oral testimony shall be subject to cross-examination in the same manner as other witnesses. Anyone denied an opportunity to testify may appeal in writing to the full Commission within 7 days from this denial.

L. To preserve his rights on appeal or otherwise, it is not necessary for a party objecting to a Commission ruling or decision to state the grounds of his objection, unless specifically requested to do so by a member of the Commission.

M. At the Commission's reasonable discretion, it may permit the filing of post hearing briefs by the hospital, the Commission staff member or any interested party. Those parties submitting briefs shall file copies within a reasonable time designated by the presiding officer to the hospital, the designated interested parties, the Commission office and to each Commission member.

N. A Commission member shall remove himself from participation in a public hearing as a Commission member if he decides that a conflict of interest may appear to prejudice his evaluation of the issues considered at the public hearing. Challenges to a Commission member's participation in a public hearing as a Commission member shall be considered by the Commission, the decision made by a majority vote, excluding the member objected to. Challenges shall be made by motion, at least 7 days before the public hearing.

O. Except as otherwise provided, all decisions required during the conduct of the public hearing shall be made by the presiding officer.

Md. Code Regs. 10.37.10.14

Regulation .14I amended effective December 12, 2002 (29:24 Md. R. 1919)