Md. Code Regs. 10.58.04.05

Current through Register Vol. 51, No. 18, September 6, 2024

Section 10.58.04.05 - Conduct of the Hearing

A. Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-212. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members then serving on the Board.

B. Duties of Presiding Officer.

(1) The Chairman, or in the Chairman's absence a member designated by the Chairman, shall be the presiding officer, or if in a delegated hearing, an administrative law judge under State Government Article, §§9-1601 -9-1610, Annotated Code of Maryland, 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; and

(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 decorum in hearings and can suspend the proceedings as necessary to maintain decorum.

C. Legal Advisor and Counsel for the Board.

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

(2) The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all 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 Board 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.

D. Order of Procedure. The State shall present its case first. Then the respondent shall present his case. After this the State may present rebuttal.

E. 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) Each party has the right to:

(a) Call witnesses and present evidence;

(b) Cross-examine witnesses called by the Board or other party;

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

(3) 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 counsel.

(4) Witnesses.

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

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

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

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

Md. Code Regs. 10.58.04.05