Current through Register Vol. 51, No. 19, September 20, 2024
A. Board
Majority. Each hearing shall be held before a quorum of the Board unless the
hearing authority is delegated pursuant to State Government Article, §10-205, Annotated
Code of Maryland. A delegation of authority shall be subject to the provisions
of State Government Article, §10-216, Annotated
Code of Maryland. If hearing authority is not delegated, Board action shall be
by a majority vote of those Board members present at the Board
hearing.
B. Duties of Presiding
Officer.
(1) Unless the Board's hearing
authority is delegated, the Chairman, or a Board member designated by the
Chairman, shall be the presiding officer.
(2) The presiding officer shall:
(a) Have complete charge of the
hearing;
(b) Permit the examination
of witnesses;
(c) Admit
evidence;
(d) Rule on the
admissibility of evidence;
(e)
Adjourn or recess the hearing from time to time.
(3) The presiding officer may set reasonable
time limits on arguments and presentation of evidence.
(4) The presiding officer shall be
responsible for order in the hearing and can suspend the proceedings as
necessary to maintain order.
C. Legal Advisor and Counsel for the Board.
(1) The presiding officer may request the
Office of the Attorney General to participate in any hearing to present the
case on behalf of the State.
(2)
The member of the Office of the Attorney General presenting the case on behalf
of the State shall have all of the following rights:
(a) The submission of evidence;
(b) Examination and cross-examination of
witnesses;
(c) Presentation of
summation and argument; and
(d)
Filing of objections, exceptions, and motions.
(3) The presiding officer may also request a
representative of the Office of the Attorney General to act as legal advisor to
the Board on questions of procedure, evidence, and law.
D. Order of Procedure. The case on behalf of
the State shall be presented first. The respondent shall then present his case.
After that, rebuttal shall be permitted.
E. Examination of Witnesses and Introduction
of Evidence.
(1) The Board has the power to
administer oaths and to compel the attendance of witnesses by subpoena. The
Board shall issue subpoenas for any and all witnesses requested in writing by a
party.
(2) The rules of evidence in
all hearings in this chapter shall be as set forth in State Government Article,
§§10-213 and
10-214, Annotated
Code of Maryland.
(3) Each party
has the right to:
(a) Call witnesses and
present evidence;
(b) Cross-examine
every witness called on behalf of the State or other party;
(c) Present summation and argument and file
objections, exceptions, and motions.
(4) If a party is represented by counsel, the
submission of evidence, examination, and cross-examination of witnesses, and
filing of objections, exceptions, and motions shall be done and presented
solely by that counsel.
(5) After
the direct testimony of the witness is presented and after cross-examination,
the Board members may ask questions.
(6) If an accused or complainant fails to
appear at a hearing after due notice, the Board may reschedule the hearing, or
at its discretion, proceed upon the investigation, report, documents,
witnesses, and records before it.
(7) At the end of the hearing any party may
submit briefs of the issues of fact and law involved in the hearing, which
briefs shall be filed in the form, with the number of copies, and at the time
as the presiding officer may designate.
