Md. Code Regs. 10.44.07.18

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

Section 10.44.07.18 - Exceptions Hearing

A. An exceptions hearing shall be held before the Board.

B. The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and response to exceptions.

C. The Board member presiding over the hearing shall determine all procedural issues and shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing.

D. The respondent and the administrative prosecutor ordinarily shall be limited to 30 minutes each in which to present oral argument.

E. Unless otherwise agreed by the parties and permitted by the Board, the parties may not, in any response to exceptions, or in the hearing on exceptions, reference any document or other evidence or offer any exhibit that is outside the record of the evidentiary hearing before the administrative law judge.

F. If neither party files exceptions within the time specified in Regulation .14 of this chapter, the Board shall consider only the recommended decision of the administrative law judge and the record of the evidentiary hearing in making its final decision.

Md. Code Regs. 10.44.07.18

Regulations .18 adopted effective March 1, 2004 (31:4 Md. R. 317)