# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 02 — Procedures for Public Hearings

**Authority:** Health-General Article, §2-104(b), Annotated Code of Maryland

**Administrative History:** Effective date: December 1, 1970

**Administrative History:** Chapter revised effective January 23, 1989 (16:1 Md. R. 69)

**Administrative History:** Regulations .01—.12 repealed and new Regulations .01—.09 adopted effective September 13, 1993 (20:18 Md. R. 1429)

#### Regulation .01 Scope.

*COMAR 10.01.02.01*

A. This chapter applies to hearings the Secretary conducts to gather information from the general public before making a decision or taking an action such as adopting a regulation or issuing a license, certificate, or permit.

B. This chapter does not apply to contested case hearings or any hearing where the purpose is other than to gather information from the public at large or from a person with a specific interest in the issue.

#### Regulation .02 Definitions.

*COMAR 10.01.02.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Department” means the Maryland Department of Health.

  (2) “Hearing” means a formal meeting, properly published and convened, the sole purpose of which is to gather information from the public at large, or other group or person as required by law, before making a decision or taking an action.

  (3) “Hearing examiner” means the Secretary of Health or that employee of the Department designated by the Secretary to conduct a specific hearing or hearings.

#### Regulation .03 Notice of Hearing.

*COMAR 10.01.02.03*

A. The Department shall publish a notice of the hearing in the Maryland Register and any other publication required by law.

B. The Department shall include in any published or circulated notice of the hearing:

  (1) The time of the hearing;

  (2) The place of the hearing, giving the street address, floor, and designated room;

  (3) The purpose of the hearing;

  (4) A statement that the Department will make reasonable accommodation for individuals with disabilities if these individuals advise the Department of their special needs by giving the Department reasonable advance notice; and

  (5) Any other applicable publishing requirements in law.

#### Regulation .04 Testimony.

*COMAR 10.01.02.04*

A. The hearing examiner shall give all persons present who wish to testify an opportunity to do so but may limit repetitious testimony.

B. The right of cross-examination is not applicable to hearings under this chapter.

C. The hearing examiner may:

  (1) Allow questions from the audience;

  (2) Take questions from the audience and redirect the questions to others present at the hearing;

  (3) Ask questions of anyone present at the hearing; and

  (4) Refer questions to agency personnel who may respond after the hearing.

D. The rules of evidence are inapplicable to hearings under this chapter.

E. The hearing examiner shall receive and mark all exhibits offered in testimony if they are relevant to the hearing.

#### Regulation .05 Oaths and Affirmations.

*COMAR 10.01.02.05*

The formality of an oath may be dispensed with unless the hearing examiner believes the oath gives some assurance of veracity, formality, or decorum to the hearing.

#### Regulation .06 Conduct and Control of Hearing.

*COMAR 10.01.02.06*

A. The hearing examiner shall determine the conduct of the hearing, including:

  (1) The order of presentation; and

  (2) Time limits for questions and testimony.

B. The hearing examiner may:

  (1) Order a person who engages in disruptive behavior, such as waving a sign or placard or shouting or jeering, that interferes with the orderly conduct of the hearing, to be removed from the hearing;

  (2) Request police assistance to assure or restore order; and

  (3) Recess a disorderly hearing.

C. Recording, Photographing, Videotaping, Broadcasting, and Televising of Hearings.

  (1) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, may record a hearing with a tape recorder or other recording device if the:

    (a) Device does not create excessive noise that interferes with the participation in or the observation of the hearing by a person present; and

    (b) Recording is done openly so that it is obvious to those in attendance that the hearing is being recorded.

  (2) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, may photograph, videotape, televise, or broadcast the proceedings of a hearing with a camera if the camera:

    (a) Is operated without excessively bright or hot artificial light or excessive noise that interferes with the participation in or the observation of the hearing by a person present; and

    (b) Is used openly so that it is obvious to those in attendance that the hearing is being recorded.

  (3) The hearing examiner may restrict the movement of a person who is using a recording device, camera, or broadcasting or televising equipment if the restriction is necessary to maintain the orderly conduct of the hearing.

  (4) Except as provided in §C(5) of this regulation, a member of the public, including a representative of the news media, who is recording, photographing, videotaping, broadcasting, or televising a hearing does not need to obtain the consent of a member of the public at the hearing to do so if the recording, photographing, videotaping, broadcasting, or televising is done openly so that it is obvious to those in attendance.

  (5) A person who wishes to testify without being photographed, videotaped, or televised or without being recorded by anyone other than the court reporter service or Department may do so by making such a request of the hearing examiner.

D. A recording of a hearing made by anyone other than the court reporter service or Department, or a transcript derived from such a recording, is not part of the record of a hearing.

#### Regulation .07 The Transcript.

*COMAR 10.01.02.07*

A. At the Department's discretion, the Department or a court reporter service shall stenographically record verbatim or tape record the hearing.

B. If a court reporter service records the hearing:

  (1) The Department shall arrange for the court reporter service to retain the tape recording or stenographic recording for 1 year following the final decision or action; and

  (2) A person who desires a copy of the transcript may purchase a copy from the court reporter service.

C. If an employee of the Department records the hearing:

  (1) The Department shall keep the tape recording or stenographic recording with the original of the record; and

  (2) A person who desires a copy of the transcript may purchase a copy from the Department for a reasonable cost in accordance with COMAR 10.01.08.

#### Regulation .08 The Record.

*COMAR 10.01.02.08*

A. The hearing examiner controls the record.

B. The hearing examiner shall assemble a record that consists of all of the following:

  (1) Exhibits and documents entered into the record, such as:

    (a) Proposed regulations or applications for licenses, certificates, or permits,

    (b) Documentation of public notification of the hearing, and

    (c) Relevant supporting and opposing documentation obtained before, during, and subsequent to the hearing;

  (2) The register of all persons who attended the hearing including their names, addresses, and any affiliations relevant to the hearing;

  (3) In accordance with Regulation .07 of this chapter, any:

    (a) Full or partial transcript of the hearing made or purchased by the Department, and

    (b) Tape recording or stenographic notes of the hearing made by the Department;

  (4) A hearing examiner's report consisting of all of the following:

    (a) A statement of the purpose of the hearing including citations of applicable laws and regulations,

    (b) An account of the methods of public notification of the hearing,

    (c) An account of the attendance and conduct of the hearing,

    (d) A summary of supporting and opposing arguments and analyses of those arguments in light of relevant laws and regulations,

    (e) Relevant findings such as compliance with law or sufficiency of proposed regulations, and

    (f) Conclusions and recommendations for a final decision; and

  (5) The final decision of the decision-making authority.

C. Maintenance of and public access to the record is governed by State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, and by COMAR 10.01.08.

D. The Department shall maintain copies of the record as follows:

  (1) The Office of the Secretary shall maintain the original of the record; and

  (2) Except for the tape recording or stenographic notes specified in §B(3)(b) of this regulation, the office of the director of the unit concerned shall maintain a copy of the record.

#### Regulation .09 Postponement and Continuance.

*COMAR 10.01.02.09*

The hearing examiner has sole discretion over:

A. Postponement or continuance of the hearing; and

B. Keeping the record open beyond the date of the hearing.