Md. Code Regs. 32.01.01.09

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

Section 32.01.01.09 - Conduct of Hearing

A. Rights of the Parties. Each party shall be entitled at the hearing to:

(1) Call witnesses;

(2) Offer evidence, including rebuttal evidence;

(3) Cross-examine opposing witnesses; and

(4) Present summation and argument.

B. Record of Hearing.

(1) The presiding officer shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the case.

(2) The hearing shall be recorded by tape recording, stenographic notes, or other means, at the expense of the Department. The record need not be transcribed unless requested by the Secretary, the presiding officer, or a party.

(3) The cost of transcription shall be paid by the party requesting the transcript, except:

(a) The cost shall be paid by the Department if the person requesting the transcript is the Secretary or the presiding officer; or

(b) For good cause shown, the Secretary may order the cost to be paid by the Department.

C. Evidence.

(1) The presiding officer is not bound by the technical rules of evidence.

(2) The presiding officer may accept into evidence any testimonial or documentary evidence that possesses probative value.

(3) Upon proper objection, the presiding officer may exclude evidence that is incompetent, irrelevant, immaterial, unduly repetitious, or excludable on constitutional or statutory grounds or on the basis of a privilege recognized by law.

(4) Expert testimony may be accepted by the presiding officer if, in the presiding officer's opinion, the testimony as proffered would aid in an understanding of the case.

(5) Evidence may not be excluded solely on the ground that it constitutes hearsay, but shall be given the weight it deserves in light of the entire case.

D. Order of Procedure and Burden of Proof. The presiding officer shall determine the:

(1) Order in which the parties shall present their case;

(2) Burden of proof.

Md. Code Regs. 32.01.01.09

Regulations .09 adopted effective October 31, 1988 (15:22 Md. R. 2558)