Md. Code Regs. 12.10.03.08

Current through Register Vol. 51, No. 25, December 13, 2024

Section 12.10.03.08 - Hearing Procedures - Testimony and Evidence

A. The introduction of evidence at a hearing shall comport with procedures under State Government Article, § 10-213, Annotated Code of Maryland.

B. When a party is represented by counsel, only counsel may submit evidence, question witnesses, and file objections, exceptions, and motions on behalf of the party.

C. A party testifying shall be under oath administered by an individual authorized by the presiding officer.

D. The presiding officer shall require the following oath be used: "Do you solemnly swear or affirm under the penalties of perjury that the responses given and statements made will be the truth, the whole truth, and nothing but the truth?"

E. The burden of proof shall be on the party bringing the issue before the Commission.

F. The standard of proof shall be a preponderance of evidence.

G. A party may submit a brief, or the presiding officer may order that a brief be submitted, concerning the issues of fact and law involved in the hearing. The presiding officer shall determine:

(1) The form, for the brief; and

(2) Submission deadlines.

Md. Code Regs. 12.10.03.08