<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 09.01.02.13" title_num="09" subtitle_num="01" chapter_num="02" heading="Conduct of the Proceedings.">
  <paragraph num="A.">
    <text>A quorum of the administrative unit shall be present for the hearing.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The presiding officer, in consultation with counsel, shall determine all procedural and evidentiary issues governed by this chapter and by the Administrative Procedure Act, and may impose reasonable time limitations.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Maryland Rules of Civil Procedure may be used as a guide in resolving procedural issues governing the conduct of the hearing that are not addressed in this chapter and the Administrative Procedure Act.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The presiding officer may conduct all or any part of the hearing by telephone, television, or other electronic means, in accordance with State Government Article, §10-211, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Order of Proceedings. Absent unusual circumstances, the order of proceedings in a case involving disciplinary charges against a respondent shall be as follows:</text>
    <paragraph num="(1)">
      <text>Opening statements and preliminary matters may be heard;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>All individuals planning to testify shall be sworn before testifying;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The presenter of evidence shall present the case against the respondent;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The respondent or the respondent's attorney or representative may present the respondent's case;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The presenter may present a rebuttal case; and</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The administrative unit may hear closing arguments in the same order as the presentation of evidence and may receive written memoranda of law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>In a disciplinary action case which includes a claim against a guaranty fund:</text>
    <paragraph num="(1)">
      <text>The claimant or the claimant's attorney shall present the claimant's case after the presenter of evidence has presented the case against the respondent;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The respondent or the respondent's attorney or representative may then present the respondent's case and respond to the claim;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The attorney for the guaranty fund may then present evidence on the claim; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>All parties may give closing argument in the same order as the presentation of evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>The presenter of evidence, the respondent, and the claimant may cross-examine any witness called by any party during a combined regulatory and guaranty fund hearing.</text>
  </paragraph>
  <paragraph num="H.">
    <text>In an application case the order of proceedings shall be as follows:</text>
    <paragraph num="(1)">
      <text>The applicant or the applicant's attorney shall present the case in support of the application;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The presenter of evidence may then present the case in opposition to the application; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The applicant may then present rebuttal.</text>
    </paragraph>
  </paragraph>
  <paragraph num="I.">
    <text>After the parties have completed their questioning of a witness, the presiding officer, members of the administrative unit, and counsel to the unit may question the witness.</text>
  </paragraph>
  <paragraph num="J.">
    <text>Upon a showing of good cause that a hearing cannot be completed on the scheduled date, an administrative unit may grant a continuance of the proceeding.</text>
  </paragraph>
</regulation>