Md. Code Regs. 14.17.22.09

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

Section 14.17.22.09 - Hearings

A. Procedures.

(1) The Administration shall record all hearings and provide a copy of that recording upon request.

(2) A party may produce witnesses and documents in support of the party's position.

B. Written Subpoenas.

(1) A party may request that the hearing officer issue subpoenas for witnesses or documents necessary for the hearing.

(2) A party shall make the request in writing, no later than 21 days before the hearing, explaining why the subpoena is necessary.

(3) The hearing officer may:

(a) Question any witnesses;

(b) In accordance with State Government Article, § 10-219(a), Annotated Code of Maryland, consult with any employee of the Administration before making a decision in a case; or

(c) Decline to issue the subpoena.

C. Evidence.

(1) The hearing officer shall consider evidence of the type and in the manner prescribed by State Government Article, § 10-213, Annotated Code of Maryland.

(2) Copies of documents may be admitted, although the Administration's hearing officer may require production of originals.

(3) The Administration shall retain documentary or other evidence for at least 60 days after a final order has been issued and all appeal rights have been exhausted or waived. The evidence may then be destroyed unless the owner or person producing it makes a written request for its return.

D. Burden of Proof.

(1) The standard of proof in a hearing shall be a preponderance of evidence.

(2) In the hearing of a contested case involving allegations that the party violated a law or regulation, the presenter of evidence for the Administration shall bear the burden of proving that the party committed the violations that resulted in the Administration's action against a party.

(3) In the hearing of a contested case resulting from the denial, or proposed denial, of a license, registration, or permit, the applicant shall have the burden of establishing the applicant's entitlement to the license, registration, or permit.

E. Hearings Conducted by Electronic Means.

(1) A hearing officer may conduct all or part of a hearing by telephone, video conferencing, or other electronic means, with the consent of all parties.

(2) All substantive and procedural rights applicable to hearings described in this regulation apply to telephone, video, or other electronic hearings, subject only to the limitations of the physical arrangement.

(3) For a telephone, video, or other electronic hearing, a party shall provide documentary evidence to be offered to all parties so that each party and the hearing officer receive it within the time specified by the hearing officer or, if not specified, no less than 15 days before the scheduled hearing.

(4) For a telephone, video, or other electronic hearing, the following may be considered a failure to appear and result in the assessment or denial of the application for refund becoming final and not subject to appeal:

(a) Failure to answer the telephone for 15 minutes from the time set for the hearing;

(b) Failure to free the telephone for a hearing;

(c) Any other failure without good cause to be ready to proceed with the hearing as scheduled.

Md. Code Regs. 14.17.22.09

Regulation .09 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.