Code of Maryland Regulations
Title 09 - MARYLAND DEPARTMENT OF LABOR
Subtitle 12 - DIVISION OF LABOR AND INDUSTRY
Chapter 09.12.71 - Arbitration of Labor Disputes, Elections, and Other Related Matters
09.12.71.01 - Procedure for Public Hearings
09.12.71.01. Procedure for Public Hearings
A. The Commissioner of Labor and Industry, or the Commissioner's designee, shall be the hearing officer.
B. The hearing officer shall:
(1) Call the title of the case;
(2) Briefly explain the purpose and nature of the hearing;
(3) Administer the oath to all persons who are summoned or intend to testify; and
(4) Receive any stipulations entered into by the parties.
C. Counsel or any party may address any preliminary matter, exception, or motion.
D. The following exhibits shall be introduced:
(1) If the hearing officer is the Commissioner's designee, a copy of the letter designating the individual to preside at the hearing;
(2) A copy of the petition, complaint, or other matter involved in the hearing; and
(3) A copy of the notice of hearing sent to each party.
E. Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may:
(1) Call witnesses;
(2) Offer evidence, including rebuttal evidence;
(3) Cross-examine witnesses; and
(4) Present argument and summation.
F. The hearing officer may question any witness.
G. The rules of evidence of the Administrative Procedure Act--Contested Cases, State Government Article, § 10-208, Annotated Code of Maryland, shall apply.
H. The hearing officer's decision shall include:
(1) Findings of fact based on the evidence presented;
(2) Conclusions of law applying the law to the factual findings; and
(3) An order disposing of the case.
I. The hearing officer shall promptly deliver or mail a copy of the decision to each party or the party's attorney of record.(Regulations .01 and new Regulation .01 adopted effective December 14, 1987 (14:25 Md. R. 2659))