Code of Maryland Regulations
Title 12 - DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 14 - COMMISSION ON CORRECTIONAL STANDARDS
Chapter 12.14.06 - Hearing Practices and Procedures
Section 12.14.06.06 - Testimony and Evidence

Universal Citation: MD Code Reg 12.14.06.06

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

A. Each party shall have the right, on every genuine issue to:

(1) Call witnesses and present evidence;

(2) Cross-examine each witness called by the agency or any other party;

(3) Submit rebuttal evidence; and

(4) Present summation and argument.

B. The Commission may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The Commission shall give effect to the rules of privilege recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.

C. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

D. All evidence, including records and documents in the possession of the Commission, of which it desires to avail itself, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case.

E. The Commission may take notice of judicially cognizable facts and general, technical, or scientific facts within its specialized knowledge. All parties shall be notified either before or during the hearing of facts which the Commission takes notice, and shall be afforded an opportunity to contest the facts so noticed.

F. The Commission may use the experience, technical competence, and specialized knowledge of its members in the evaluation of the evidence presented at hearings.

G. All testimony taken by the presiding officer shall be under oath. The oath shall be in the following form: "Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the presiding officer shall be the truth, the whole truth, and nothing but the truth?"

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