Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 27 - BOARD OF NURSING
Chapter 10.27.02 - Hearing Procedures
Section 10.27.02.01-3 - Discovery
Universal Citation: MD Code Reg 10.27.02.01-3
Current through Register Vol. 51, No. 19, September 20, 2024
A. Discovery on Request. By written request served on other parties and filed with this Board, a party may require another party to produce, within 15 calendar days:
(1) A list of witnesses to be called;
and
(2) Copies of documents
intended to be produced at the hearing.
B. Mandatory Discovery.
(1) Each party shall provide to the other
party the name and curriculum vitae of any expert witness who will testify at
the hearing not later than 15 days before the scheduled hearing date.
(2) The designation of an expert witness
shall be accompanied by a detailed written report summarizing the expert's
testimony, which includes the opinion offered and the factual basis and reasons
underlying the opinion.
(3) If the
Board finds that the report is not sufficiently specific, or otherwise fails to
comply with the requirements of this section, the Board shall exclude from the
hearing the testimony and any report of the expert.
(4) At the hearing, the Board shall consider
arguments regarding the sufficiency of the report.
(5) If an expert adopts a sufficiently
specific charging document as the expert's report, the report satisfies the
requirements set forth in this regulation.
C. Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation.
D. Ongoing Duty of Disclosure.
(1) All parties have a continuing duty to
supplement their disclosures of witnesses and documents.
(2) If witnesses or documents are later added
to the list provided under §A of this regulation, each party shall provide
notice of these witnesses or documents to the opposing party during business
hours at least 1 day before the hearing.
(3) The notice requirement referred to in
§D(2) of this regulation applies only to witnesses or documents to be used
in the party's case-in-chief and not to witnesses or documents to be used for
impeachment or rebuttal purposes.
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