Md. Code Regs. 31.02.01.08

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

Section 31.02.01.08 - Conduct of Hearing - Proposed Examination Reports

A. Scope. This regulation applies to a hearing on a proposed examination report.

B. Burden of Proof. At a hearing under this regulation:

(1) The proposed examination report is part of the record; and

(2) The party that requested the hearing on the proposed examination report has the burden of going forward and the burden of proving its exceptions to the proposed examination report.

C. Rights of Parties.

(1) Subject to §C(2) of this regulation, the hearing officer shall allow a party to a hearing under this regulation to:

(a) Appear in person and be represented by counsel;

(b) Be present while evidence is given;

(c) Have reasonable opportunity to:

(i) Inspect all documentary evidence that is offered for introduction into the record; and

(ii) Examine witnesses during the course of the hearing; and

(d) Present evidence.

(2) The hearing officer shall conduct the hearing and allow the case to proceed in a manner necessary to ensure the fair resolution of the issues including, but not limited to:

(a) Placing reasonable limitations on the number of witnesses a party may call;

(b) Excluding evidence that is repetitive, irrelevant, immaterial, or otherwise not probative; and

(c) Ruling on all procedural matters, including motions, objections, and offers of proof.

(1) Formal rules of pleading or evidence need not be observed at a hearing under provisions of this regulation.

E. Representation of the Administration.

(1) The Commissioner may designate an attorney to represent the Administration.

(2) Once the record is closed by the hearing officer, the attorney who represented the Administration may not have a further role in the decision process of the Administration.

F. Motion for Summary Decision.

(1) A party may move for summary decision on any appropriate issue in the case.

(2) A hearing officer may grant a proposed or final summary decision if the hearing officer finds that:

(a) There is no genuine issue of material fact; and

(b) A party is entitled to prevail as a matter of law.

G. The Maryland Rules of Civil Procedure may be used as a guide for resolving issues regarding the conduct of the hearing.

Md. Code Regs. 31.02.01.08

Regulation .08 amended as an emergency provision effective April 13, 1998 (25:10 Md. R. 742); emergency status expired October 10, 1998; amended effective 46:21 Md. R. 894, eff. 10/21/2019