Md. Code Regs. 26.01.01.13

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.01.13 - Postponement or Continuance

A. The granting of postponement or continuance of a hearing may be within the discretion of the hearing officer depending upon the availability of witnesses, illness, attorneys, agreements or stipulations, and, for the most part, good and sufficient reason.

B. If a hearing falls within the category of adversary or quasi-judicial, it is reasonable to require the appellant or claimant, or his legal representative, to submit reasons for the postponement or continuance at least 5 days in advance of the hearing date. The request should be in writing, signed by the appellant or claimant, or his legal representative, and become a part of the file.

C. In the instance of quasi-legislative hearings, as, for example, when regulations are advertised for promulgation and adoption, the hearing officer should consider the best interest of the public.

D. There is no statutory requirement that these hearings be postponed or continued. Interested parties, by proper public notice, are given an opportunity to submit their data and views in writing before the hearing or to appear in person on the date of the hearing.

Md. Code Regs. 26.01.01.13