Current through Register Vol. 51, No. 19, September 20, 2024
A.
Prehearing and Case Resolution Conferences.
(1) The Board may set a prehearing
conference, or a case resolution conference, or both, upon motion of either
party, or on its own motion.
(2)
The case resolution conference may be used to attempt to settle the
case.
(3) The prehearing conference
may be used to prepare for the hearing by:
(a)
Delineating the issues,
(b)
Stipulating to facts, laws, and other matters,
(c) Arranging a schedule, and
(d) Arranging for the submission of names of
witnesses to be called and the subject matter of testimony to be presented in
the hearing.
B. Discovery on Request. By written request
served on the other party and filed with the Board or the Office of
Administrative Hearings, a party may require another party to produce, within
15 days, the following:
(1) A list of
witnesses to be called;
(2) Copies
of documents intended to be produced at the hearing; or
(3) Both §B(1) and (2) of this
regulation.
C. Mandatory
Discovery.
(1) Each party shall provide to the
other party not later than 15 days before the prehearing conference, if
scheduled, or 45 days before the scheduled hearing date, whichever is earlier:
(a) The name and curriculum vitae of any
expert witness who will testify at the hearing; and
(b) A detailed written report summarizing the
expert's testimony, which includes the opinion offered and the factual basis
and reasons underlying the opinion.
(2) If the Board or the Office of
Administrative Hearings, as appropriate, finds that the report is not
sufficiently specific, or otherwise fails to comply with the requirements of
this section, the Board or the Office of Administrative Hearings, as
appropriate, shall exclude from the hearing the testimony of the expert and any
report of the expert.
(3) The Board
or the Office of Administrative Hearings, as appropriate, shall consider and
decide arguments regarding the sufficiency of the report:
(a) At the prehearing conference, if
scheduled; or
(b) Immediately
before the scheduled hearing.
(4) If an expert adopts a sufficiently
specific charging document as the expert's report, that adoption satisfies the
requirements set forth in this section.
D. Parties are not entitled to discovery of
items other than as listed in §§B and C of this regulation.
E. Both parties have a continuing duty to
supplement their disclosures of witnesses and documents.
F. Absent unforeseen circumstances which
would otherwise impose an extraordinary hardship on a party, witnesses or
documents may not be added to the list:
(1)
After the prehearing conference, if scheduled; or
(2) Later than 15 days before the hearing, if
a prehearing conference is not scheduled.
G. The prohibition against adding witnesses
does not apply to witnesses or documents to be used for impeachment or rebuttal
purposes.
H. All motions shall be
accompanied by a memorandum of points and authorities and shall be filed with
the Board at least 15 working days before the hearing. A copy shall be served
on the opposing party. A response shall be filed with the Board at least 10
working days before the hearing and a copy served on the opposing party. The
Board at its discretion will entertain motions on the day of the
hearing.
I. Construction.
(1) In hearings conducted by an
administrative law judge of the Office of Administrative Hearings, this
regulation shall, whenever possible, be construed as supplementing and in
harmony with COMAR 28.02.01.
(2) In
the event of a conflict between this regulation and COMAR 28.02.01, this
regulation applies.
