Md. Code Regs. 16.02.04.04

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

Section 16.02.04.04 - Hearing by Telephone or Other Electronic Means

A. In General.

(1) Except as otherwise provided in this section, the Secretary may conduct all or part of the hearing by telephone, video conference, or other electronic means, if each participant in the hearing has an opportunity to participate in, hear, and (for video means) see the entire proceeding.

(2) On objection for good cause, the hearing shall be conducted in accordance with the alternatives specified in State Government Article, § 10-211(b), Annotated Code of Maryland.

B. Rights Unaffected. All substantive and procedural rights apply to telephone, video conference, or other electronic hearings, subject only to the limitations of the physical arrangement.

C. Documentary Evidence. For a hearing conducted by electronic means, documentary evidence to be offered must be delivered by the proponent to all parties and the Secretary at least 1 day before the hearing.

D. Default. For a hearing conducted by electronic means, the following may be considered as a failure to appear and grounds for default, if the condition exists for more than 15 minutes after the scheduled start of the hearing:

(1) Failure to answer telephone;

(2) Failure to free telephone for a hearing;

(3) Failure to be present in the designated video or audio hearing room; or

(4) Any other failure to be ready to proceed with the hearing as scheduled.

Md. Code Regs. 16.02.04.04