Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.20 - Occupational Safety and Health
09.12.20.15 - Hearings - Conduct of Hearing

Universal Citation: MD Code Reg 09.12.20.15

09.12.20.15. Hearings - Conduct of Hearing

A. Powers and Duties of Hearing Examiner.

(1) A hearing examiner shall:

(a) Conduct a fair and impartial hearing to:

(i) Fully elicit all the facts,

(ii) Adjudicate all issues, and

(iii) Avoid delay; and

(b) Exclude evidence which is irrelevant, immaterial, or unduly repetitious.

(2) Subject to applicable laws and regulations, a hearing examiner may:

(a) Administer oaths and affirmations;

(b) Rule on offers of proof and procedural matters;

(c) Postpone, continue, or reschedule a hearing;

(d) Regulate the course of a hearing, including the conduct of parties, their representatives, and witnesses;

(e) Receive relevant evidence;

(f) Accept a stipulation or agreed statement of facts if all parties agree to its admission;

(g) Admit an affidavit as evidence in place of testimony, if the matters in the affidavit are otherwise admissible and if all parties agree to its admission; and

(h) Take other action authorized by the Act, regulations adopted under the Act, or the Administrative Procedure Act, State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

(3) A hearing examiner may not grant a motion to dismiss, a motion for judgment, or any other dispositive motion without the concurrence of all parties.

B. A hearing examiner shall:

(1) Call the title of the case;

(2) Briefly explain the purpose and nature of the hearing; and

(3) Administer the oath to all who will testify.

C. Preliminary Matters. Counsel or a party may address a preliminary matter, exception, or motion.

D. Order of Testimony.

(1) In a citation case, the presenter of evidence shall proceed first and shall present all evidence.

(2) In an abatement case, the employer or the employer's representative shall proceed first.

E. Oral Argument and Briefs.

(1) On request of a party before the close of a hearing, the hearing examiner shall allow each party a reasonable time at the close of the hearing, for oral argument.

(2) 2Post hearing briefs are permitted if the hearing examiner determines that there is a need for guidance on an unresolved question of law.

(Regulation .15A, E amended effective April 16, 2012 (39:7 Md. R. 490))
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