# COMAR Title 09 — Maryland Department of Labor

## Subtitle 11 — Real Estate Commission

### Chapter 03 — Hearing Regulations

**Authority:** Business Occupations and Professions Article, §17-208, Annotated Code of Maryland

**Administrative History:** Effective date: July 12, 1973

**Administrative History:** Regulation .01B amended effective May 24, 1982 (9:10 Md. R. 1020)

**Administrative History:** Regulation .01E amended effective November 23, 1981 (8:23 Md. R. 1855)

**Administrative History:** Regulation .01 amended effective June 17, 1985 (12:12 Md. R. 1163)

**Administrative History:** Regulation .02E, F, and I amended effective June 20, 1983 (10:12 Md. R. 1072)

**Administrative History:** Regulation .03 amended effective June 17, 1985 (12:12 Md. R. 1163)

**Administrative History:** Regulation .03D and E amended effective April 13, 1992 (19:7 Md. R. 745)

**Administrative History:** Regulation .04 amended effective September 14, 1981 (8:18 Md. R. 1479); June 17, 1985 (12:12 Md. R. 1163)

**Administrative History:** Regulations .01—.04 repealed and new Regulations .01—.04 adopted effective March 1, 2004 (31:4 Md. R. 314)

**Administrative History:** Regulation .04 repealed effective June 1, 2017 (44:8 Md. R. 402)

#### Regulation .01 Hearings Before the Commission.

*COMAR 09.11.03.01*

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.

*COMAR 09.11.03.02*

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.

*COMAR 09.11.03.03*

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.