Md. Code Regs. 26.20.34.04

Current through Register Vol. 51, No. 19, September 20, 2024

Section 26.20.34.04 - Prehearing Conference

A. Before the date of the adjudicatory hearing, the hearing officer may hold a prehearing conference, for which he shall give notice to all parties of the date, time, and place.

B. At a prehearing conference or within some reasonable time set by the hearing officer, each party shall make available to the other parties the names of experts and other witnesses the party expects to call, together with a brief written summary of their anticipated testimony.

C. At a prehearing conference, or within some reasonable time set by the hearing officer, the following matters shall be considered:

(1) The documents within the administrative file shall be identified;

(2) Stipulations and admissions of facts and the genuineness of documents and other matters upon which there is agreement shall be identified;

(3) Matters of which official notice shall be taken shall be identified;

(4) Disputed issues of a purely legal nature shall be identified;

(5) When possible, consideration shall be given and decisions made upon objections to the introduction into evidence at the hearing of any written documents, papers, exhibits, testimony, or materials proposed to be introduced at the hearing by a party;

(6) A schedule of presentation order for the following shall be established:

(a) Submission of written statements;

(b) Presentation of oral statements;

(c) Presentation of oral direct and cross-examinations;

(d) Presentation of oral arguments.

D. The hearing officer shall prepare a written prehearing order reciting the actions taken at the prehearing conference.

Md. Code Regs. 26.20.34.04

Regulations .04 were previously codified as COMAR 08.13.09.43 a A_D, E_J, and K_O, respectively. Recodification occurred in April, 1993. For a history of these regulations before April, 1993, see "Administrative History of COMAR 08.13.09 before April, 1993" which follows COMAR 26.20.01.