Md. Code Regs. 12.10.03.06

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

Section 12.10.03.06 - Presiding Officer - Duties

A. The Commission chairman, or a designee, shall be the presiding officer who shall:

(1) Be in charge of the hearing;

(2) Permit the examination of witnesses;

(3) Rule on the admissibility of evidence;

(4) Decide the order in which parties may testify, present evidence, or present argument;

(5) Adjourn or recess the hearing from time to time;

(6) Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;

(7) Reschedule the hearing if a majority of the Commission is not present; and

(8) Maintain a record of the hearing as required under State Government Article, § 10-218, Annotated Code of Maryland.

B. The presiding officer shall determine that a party:

(1) Has been informed of the nature of the proceedings;

(2) Understands the language and intent of these regulations; and

(3) Is cognizant of the rights under applicable statutes upon which the subject of the hearing is conducted as well as rights under these regulations.

C. If the presiding officer is not satisfied that a party is fully informed as to these matters, the presiding officer shall note this on the record.

D. The presiding officer, when deciding the case or issuing an order pursuant to the provisions of these regulations and of law, shall inform the party of the right to appeal a decision or order and the methods and procedures for making that appeal.

E. The presiding officer may:

(1) Examine witnesses;

(2) Call witnesses; and

(3) Request the Office of the Attorney General to provide counsel to the Commission and to Commission staff who may be presenting evidence at the hearing.

Md. Code Regs. 12.10.03.06