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
Section 09.12.71.01 - Procedure for Public Hearings

Universal Citation: MD Code Reg 09.12.71.01

Current through Register Vol. 51, No. 19, September 20, 2024

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.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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