Md. Code Regs. 11.01.16.09

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.01.16.09 - Conduct of the Hearing

A. Duties of Chairman. The Chairman or his designee shall be the presiding officer. The presiding officer:

(1) Shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing;

(2) May set time limits on arguments;

(3) Shall be responsible for decorum in the hearing and may suspend the proceeding as necessary to maintain decorum;

(4) May request a representative of the Attorney General's Office to act as legal advisor to the Board regarding questions of evidence and law.

B. Order of Procedure. The order in which the parties shall present their cases shall be determined by the presiding officer.

C. Examination of Witnesses and Introduction of Evidence.

(1) The rules of evidence in all hearings under these procedures shall be as set forth under the Administrative Procedure Act, State Government Article, § 10-213, Annotated Code of Maryland.

(2) A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. When a party is represented by counsel, however, all submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

(3) The Chairman and any members of the Board may examine any witness called to testify at the hearing. The presiding officer may call as a witness any other person.

D. Summary of Evidence. The presiding officer may, in his discretion, permit any party to summarize the evidence, provided that, if one party is permitted summary, the presiding officer shall also permit each other party to the hearing to summarize the evidence.

E. Executive Session. The Board shall hold an executive session to consider all probative and relevant evidence submitted during the hearing and to determine the outcome of the hearing.

Md. Code Regs. 11.01.16.09