Md. Code Regs. 12.05.01.04

Current through Register Vol. 51, No. 9, May 3, 2024

Section 12.05.01.04 - Conduct of Hearing

A. The claimant shall be present at the hearing and shall be allowed to present testimony or cross-examine witnesses in person or by counsel.

B. The claimant shall have the burden of proof. The parties or their representatives shall be allowed a reasonable time for presentation or oral argument, or for the filing of briefs or other statements or depositions as to the facts or the law.

C. The Board may receive as evidence any statement, document, information, or matter that it finds in its discretion is relevant and of such a nature as to afford the parties a fair hearing. The Board also may accept hospital records and reports and physician's reports as proof of the injury sustained without requiring the presence of the attending physician at the hearing. However, the Board or the claimant may request the presence of any examining physician to be present at the hearing.

D. The Board may direct medical examination of the claimant by a physician designated for this purpose. The claimant shall present himself to the physician named at the time and place designated. A representative of the claimant or any other interested party may not be present at the examination. A written report of the examination shall be filed by the examining physician with the Board and a copy mailed to the claimant or his attorney. The physician's fee shall be paid by the Board.

E. All hearings shall be conducted in an orderly manner in order to ascertain the substantial rights of the parties. All witnesses shall testify under oath (or by affirmation) and a record of the proceedings shall be transcribed. The Board may examine the claimant and all witnesses.

F. Hearings may be adjourned on motion of the Board or upon timely request of any interested party. The failure of the claimant to appear at the time of the hearing, in the discretion of the Board, upon good cause shown, may be excused and a new hearing scheduled. Otherwise, claim may be denied altogether by the Board.

G. Hearings generally shall be open to the public.

H. Before the decision by the Board, on application of the claimant or his attorney (submitted in affidavit form) or upon motion of the board member, the case may be reopened for further investigation or further testimony. The Board, on its own motion, may reinvestigate or reopen cases at any time, as the Board deems necessary.

I. Hearings shall be held at the State Office Building or any other place designated by the Board.

Md. Code Regs. 12.05.01.04