Md. Code Regs. 10.46.03.05

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

Section 10.46.03.05 - Conduct of the Hearing

A. Board Majority. Except as provided in §B of this regulation, each hearing shall be held before a majority of the Board.

B. Delegation. The Board may delegate the authority to conduct the hearing to a committee in accordance with Health Occupations Article, § 10-316, Annotated Code of Maryland, or to an administrative law judge in accordance with State Government Article, § 10-205, Annotated Code of Maryland.

C. Duties of Presiding Officer.

(1) The chairperson, or a member designated by the chairperson, 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 has discretion to set reasonable time limits on arguments and presentation of evidence.

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

D. 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 Board.

(2) Counsel presenting the case on behalf of the Board shall have the same rights with regard to the submission of evidence, examination, cross-examination of witnesses, presentation of summation and argument, and filing of objections, exceptions, and motions as does counsel for any party.

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

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

F. Examination of Witnesses and Introduction of Evidence.

(1) The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§ 10-208 and 10-209, Annotated Code of Maryland.

(2) Every party has the right to:

(a) Call witnesses and present evidence;

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

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

(3) When a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

(4) Witnesses.

(a) The presiding officer, or any person designated by him for that purpose, may examine any witness called to testify.

(b) The presiding officer may call as a witness any person in attendance at the hearing.

(c) Any member of the Board may examine any witness called to testify.

Md. Code Regs. 10.46.03.05

Regulation .05 amended effective October 1, 2000 (27:17 Md. R. 1620)
Regulation .05C amended effective January 30, 1995 (22:2 Md. R. 77); April 21, 2008 (35:8 Md. R. 805)