Md. Code Regs. 16.02.04.05 - General Conduct of Hearings

A. Secretary's Duties. The Secretary shall:

(1) Conduct a full, fair, and impartial hearing;

(2) Take action to avoid unnecessary delay in the disposition of the proceedings; and

(3) Maintain order.

B. Secretary's Powers-General. The Secretary's authority to regulate the conduct of the proceedings includes the power to:

(1) Administer oaths and affirmations;

(2) Rule on offers of proof and receive relevant and material evidence;

(3) Rule on motions;

(4) Call and examine witnesses to insure a full and complete record;

(5) Limit unduly repetitious testimony and limit the time for presentations;

(6) Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;

(7) Issue orders as necessary to secure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;

(8) Conduct the hearing in a manner suited to ascertain the facts and safeguard the parties' rights; and

(9) Impose appropriate sanctions for failure to abide by this subtitle or any order of the Secretary.

C. Secretary's Powers-Prehearing Order. Whether or not a prehearing conference is held, the Secretary may issue a prehearing order to regulate the conduct of the proceedings.

D. Sanctions. The sanctions authorized by this regulation include:

(1) Limiting the issues to be heard;

(2) Dismissing all or any part of the request for a hearing; or

(3) Entering an order on the merits against a party.

Notes

Md. Code Regs. 16.02.04.05