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Chapter 03. Hearing Regulations

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Regulation .01 Hearings Before the Commission.Copy Citation

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A.
Except as otherwise provided in §§B, C, D, and E of this regulation, all contested case hearings before the Commission are governed by COMAR 09.01.02.
B.
A hearing shall be conducted before a designated hearing panel of three members of the Commission convened pursuant to Business Occupations and Professions Article, §17-325, Annotated Code of Maryland.
C.
The panel shall have a chairman who shall conduct the hearing and, in consultation with counsel, make all rulings on procedure and evidence.
D.
The chairman of a panel in an exceptions hearing may impose reasonable time limitations for the arguments presented by the parties.
E.
The panel may dismiss an application case without holding a hearing if the applicant fails to appear at the scheduled time after receiving proper notice.
F.
The panel may dismiss an appeal without holding a hearing if the person who filed exceptions to the proposed order fails to appear at the scheduled time after receiving proper notice.

Regulation .02 Hearings Delegated to the Office of Administrative Hearings.Copy Citation

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Except as otherwise provided in Regulation .03 of this chapter, all contested case hearings delegated to the Office of Administrative Hearings are governed by COMAR 09.01.03.

Regulation .03 Discovery.Copy Citation

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A.
A party in a contested case hearing may receive discovery of facts from the Commission if the party makes a request to that effect at least 15 days before the hearing date.
B.
If a timely request is not made, any objection based on surprise or insufficiency of the notice shall be deemed waived.
Chapter annotations
Authority: Business Occupations and Professions Article, §17-208, Annotated Code of Maryland
History: Effective date: July 12, 1973
History: Regulation .01B amended effective May 24, 1982 (9:10 Md. R. 1020)
History: Regulation .01E amended effective November 23, 1981 (8:23 Md. R. 1855)
History: Regulation .01 amended effective June 17, 1985 (12:12 Md. R. 1163)
History: Regulation .02E, F, and I amended effective June 20, 1983 (10:12 Md. R. 1072)
History: Regulation .03 amended effective June 17, 1985 (12:12 Md. R. 1163)
History: Regulation .03D and E amended effective April 13, 1992 (19:7 Md. R. 745)
History: Regulation .04 amended effective September 14, 1981 (8:18 Md. R. 1479); June 17, 1985 (12:12 Md. R. 1163)
History: Regulations .01—.04 repealed and new Regulations .01—.04 adopted effective March 1, 2004 (31:4 Md. R. 314)
History: Regulation .04 repealed effective June 1, 2017 (44:8 Md. R. 402)