Chapter 02. Hearing Procedures
Regulation .01 Scope.LinkCopy Citation
These regulations apply only to formal hearings before the Board based on charges or notices of proposed action issued pursuant to Health Occupations Article, §§8-316, 8-404, 8-6A-10, 8-6B-18, 8-6C-20 or 8–6D–10, Annotated Code of Maryland.
Regulation .01-1 Notice of Hearing.LinkCopy Citation
A.
The Board shall send written notice of the hearing to all interested parties at least 30 days before the hearing.
B.
The Board shall notify the parties of:
(1)
The date, time, and place of the hearing;
(2)
A clear and concise statement of the facts asserted; and
(3)
The charges alleged.
C.
If the facts cannot be stated in detail when the notice is given, the Board shall state the issues involved.
Regulation .01-2 Prehearing Conferences.LinkCopy Citation
The Board may set prehearing conferences as it considers appropriate.
Regulation .01-3 Discovery.LinkCopy Citation
A.
Discovery on Request. By written request served on other parties and filed with this Board, a party may require another party to produce, within 15 calendar days:
(1)
A list of witnesses to be called; and
(2)
Copies of documents intended to be produced at the hearing.
B.
Mandatory Discovery.
(1)
Each party shall provide to the other party the name and curriculum vitae of any expert witness who will testify at the hearing not later than 15 days before the scheduled hearing date.
(2)
The designation of an expert witness shall be accompanied by a detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.
(3)
If the Board finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board shall exclude from the hearing the testimony and any report of the expert.
(4)
At the hearing, the Board shall consider arguments regarding the sufficiency of the report.
(5)
If an expert adopts a sufficiently specific charging document as the expert's report, the report satisfies the requirements set forth in this regulation.
C.
Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation.
D.
Ongoing Duty of Disclosure.
(1)
All parties have a continuing duty to supplement their disclosures of witnesses and documents.
(2)
If witnesses or documents are later added to the list provided under §A of this regulation, each party shall provide notice of these witnesses or documents to the opposing party during business hours at least 1 day before the hearing.
(3)
The notice requirement referred to in §D(2) of this regulation applies only to witnesses or documents to be used in the party's case-in-chief and not to witnesses or documents to be used for impeachment or rebuttal purposes.
Regulation .02 Representation.LinkCopy Citation
A.
A party appearing at a formal hearing has the right to appear in proper person or by or with counsel. A party has the right to be accompanied, represented, and advised by counsel.
B.
Unless authorized to practice law in this State, a counsel may not represent a party before the Board.
Regulation .03 Records and Transcript.LinkCopy Citation
A.
The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.
B.
Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part of a proceeding, shall be paid by the party requesting the transcript.
Regulation .04 Presiding Officer Duties.LinkCopy Citation
A quorum of the Board shall be present for each formal hearing. The president, or the president's designee, is the presiding officer, and has complete charge of the hearing, permitting the examination of witnesses, admitting evidence, ruling on the admissibility of evidence, and adjourning or recessing the hearing from time to time.
Regulation .05 Order of Procedure.LinkCopy Citation
The order in which the parties shall present their case shall be determined by the presiding officer.
Regulation .06 Examination of Witnesses and Introduction of Evidence.LinkCopy Citation
A.
The rules of evidence in all hearings under these bylaws are as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.
B.
Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions. However, when a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by the counsel.
C.
The presiding officer, or any person designated by the presiding officer for the purpose, may examine any witness called by any party. The presiding officer may call as a witness any person in attendance at the hearing. Any member of the Board may examine any witness called by any party.
Regulation .07 Briefs.LinkCopy Citation
Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time that the presiding officer designates.
Regulation .08 Request for Office of the Attorney General Counsel.LinkCopy Citation
The Board may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel is entitled to submit evidence and question witnesses on behalf of the Board as permitted by State Government Article, §10-213, Annotated Code of Maryland.
Regulation .09 Decision and Order.LinkCopy Citation
The Board shall render every decision and order in writing, which shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or the party's attorney of record.
Chapter annotations
Authority: Health Occupations Article, §§8-205(a)(1), and 8-317, Annotated Code of Maryland
History: Effective date: September 30, 1973
History: Regulation .01-1 adopted effective November 23, 1981 (8:23 Md. R. 1857)
History: Regulations .01 and .01-1 recodified to .01-1 and .01-2, respectively, and Preface recodified to Regulation .01 Scope, July 1991
History: Regulation .01 amended effective July 3, 1995 (22:13 Md. R. 967); March 14, 2005 (32:5 Md. R. 580)
History: Regulation .01-1 repealed and new Regulation .01-1 adopted effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .01-3 adopted effective April 30, 2001 (28:8 Md. R. 760)
History: Regulation .02 amended effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .04 amended effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .06A amended effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .06C amended effective March 14, 2005 (32:5 Md. R. 580)
History: Regulation .08 amended effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .09 amended effective July 3, 1995 (22:13 Md. R. 967)
History: Regulation .10 repealed effective July 3, 1995 (22:13 Md. R. 967)