Md. Code Regs. 14.09.07.07

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

Section 14.09.07.07 - Procedures for Hearings on Complaints

A. Notice of Hearing. The Commission shall send written notice of a hearing to all interested parties at least 30 days before the hearing. The notice shall state the:

(1) Date, time, and place of the hearing; and

(2) Issues or charges involved in the proceeding.

B. Conduct of Hearing.

(1) A hearing on a complaint against a practitioner shall be held before a panel of three Commissioners.

(2) Order of Procedure. The case on behalf of the Commission shall be presented first. The respondent shall then present the respondent's case. After that, rebuttal is permitted.

(3) All parties appearing at hearings have the right to appear in proper person, or by or with counsel.

(4) If a practitioner who has requested a hearing and been served with notice fails to appear for the hearing, the Commission may:

(a) Proceed with the hearing; and

(b) On the evidence presented, make its decision.

C. Records and Transcripts.

(1) The Commission shall prepare an official record which includes all:

(a) Pleadings;

(b) Testimony;

(c) Exhibits; and

(d) Other memoranda or material filed in the proceeding.

(2) A record of the proceeding shall be made at the expense of the Commission. This record need not be transcribed unless requested by a party or by the Commission. The cost of any typewritten transcripts of proceeding, or part of them, shall be paid by the party requesting the transcript.

D. Decision and Order.

(1) After the hearing, the Commission shall promptly issue an order which shall be decided by two out of the three Commissioners.

(2)A copy of the Commission's decision and order shall be served on:

(a) Each party; or

(b) The party's attorney of record.

E. Rehearing.

(1) A party aggrieved by the Commission's decision may move for a rehearing within 10 days after service of the decision and order.

(2) Unless otherwise ordered, a rehearing or a request for rehearing does not stay the enforcement of the Commission's order, or excuse the persons affected by it for failure to comply with its terms.

(3) The Commission may decide the request with or without a hearing.

F. Appeals. Either the practitioner or the Director may appeal the final decision of the Commission as provided by Labor and Employment Article, § 9-737, Annotated Code of Maryland.

Md. Code Regs. 14.09.07.07

Regulation .07B, F amended effective April 19, 2010 (37:8 Md. R. 619); amended effective 45:5 Md. R. 287, eff. 3/12/2018; amended effective 48:20 Md. R. 890, eff. 10/18/2021