This chapter applies to all contested case hearings held under the authority of Health Occupations Article, §18-315, Annotated Code of Maryland, which concern possible action to be taken by the State Board of Examiners of Psychologists under Health Occupations Article, §18-313, Annotated Code of Maryland, regarding the licensure or registration, or discipline of psychologists and psychology associates. This chapter does not apply to conferences or other informal investigations or proceedings. Written notice of charges and a hearing shall be sent by the Chairman of the Board to the licensee, registrant, or applicant for licensure or registration at least 30 days before the hearing. The notice shall state the date, time, and place of the hearing. It also shall state the issues or charges involved in the proceedings. If, by reason of the nature of the proceeding, these issues cannot be fully stated in the notice of the hearing in advance or if subsequent amendment of the issues is necessary, the issues and charges shall be clarified and fully stated as soon as practicable. The written notice of charges and a hearing shall be served on the party in person. Instead of personal service, the Board may serve the notice by registered or certified mail, restricted delivery, return receipt requested. All parties in interest appearing before the Board at formal contested case hearings have the right to appear in person, alone, or by or with counsel. Prehearing and Case Resolution Conferences. The Board may set a prehearing conference, or a case resolution conference, or both, upon motion of either party, or on its own motion. The case resolution conference may be used to attempt to settle the case. The prehearing conference may be used to prepare for the hearing by: Delineating the issues, Stipulating to facts, laws, and other matters, Arranging a schedule, and Arranging for the submission of names of witnesses to be called and the subject matter of testimony to be presented in the hearing. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, a party may require another party to produce, within 15 days, the following: A list of witnesses to be called; Copies of documents intended to be produced at the hearing; or Both §B(1) and (2) of this regulation. Mandatory Discovery. Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier: The name and curriculum vitae of any expert witness who will testify at the hearing; and A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion. If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert. The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report: At the prehearing conference, if scheduled; or Immediately before the scheduled hearing. If an expert adopts a sufficiently specific charging document as the expert's report, that adoption satisfies the requirements set forth in this section. Parties are not entitled to discovery of items other than as listed in §§B and C of this regulation. Both parties have a continuing duty to supplement their disclosures of witnesses and documents. Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list: After the prehearing conference, if scheduled; or Later than 15 days before the hearing, if a prehearing conference is not scheduled. The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes. All motions shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 15 working days before the hearing. A copy shall be served on the opposing party. A response shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party. The Board at its discretion will entertain motions on the day of the hearing. Construction. In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this regulation shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01. In the event of a conflict between this regulation and COMAR 28.02.01, this regulation applies. Board Majority. Each hearing shall be held before a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-205, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-216, Annotated Code of Maryland. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members present at the Board hearing. Duties of Presiding Officer. Unless the Board's hearing authority is delegated, the Chairman, or a Board member designated by the Chairman, shall be the presiding officer. The presiding officer shall: Have complete charge of the hearing; Permit the examination of witnesses; Admit evidence; Rule on the admissibility of evidence; Adjourn or recess the hearing from time to time. The presiding officer may set reasonable time limits on arguments and presentation of evidence. The presiding officer shall be responsible for order in the hearing and can suspend the proceedings as necessary to maintain order. Legal Advisor and Counsel for the Board. The presiding officer may request the Office of the Attorney General to participate in any hearing to present the case on behalf of the State. The member of the Office of the Attorney General presenting the case on behalf of the State shall have all of the following rights: The submission of evidence; Examination and cross-examination of witnesses; Presentation of summation and argument; and Filing of objections, exceptions, and motions. The presiding officer may also request a representative of the Office of the Attorney General to act as legal advisor to the Board on questions of procedure, evidence, and law. Order of Procedure. The case on behalf of the State shall be presented first. The respondent shall then present his case. After that, rebuttal shall be permitted. Examination of Witnesses and Introduction of Evidence. The Board has the power to administer oaths and to compel the attendance of witnesses by subpoena. The Board shall issue subpoenas for any and all witnesses requested in writing by a party. The rules of evidence in all hearings in this chapter shall be as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland. Each party has the right to: Call witnesses and present evidence; Cross-examine every witness called on behalf of the State or other party; Present summation and argument and file objections, exceptions, and motions. If a party is represented by counsel, the submission of evidence, examination, and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by that counsel. After the direct testimony of the witness is presented and after cross-examination, the Board members may ask questions. If an accused or complainant fails to appear at a hearing after due notice, the Board may reschedule the hearing, or at its discretion, proceed upon the investigation, report, documents, witnesses, and records before it. At the end of the hearing any party may submit briefs of the issues of fact and law involved in the hearing, which briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate. The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding. 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 proceedings, or part of them, shall be paid by the party requesting the transcript. Each decision and order rendered by the Board shall be in writing and 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 his attorney of record. In any order involving patients or clients of a psychologist or psychology associate these individuals will not be referred to by name if in the Board’s opinion confidentiality is in their best interests. If the psychologist or psychology associate is found not to be in violation of Health Occupations Article, Title 18, Annotated Code of Maryland, the Board immediately shall order a dismissal of the charges and the exoneration of the accused, and no further action may be taken by the Board on the charges involved. Upon a finding not in violation of Health Occupations Article, Title 18, the Board shall expunge the record of the proceedings. Any party aggrieved by the decision and order may apply for rehearing within 10 days after service on him of the decision and order. The application shall state the grounds for rehearing. The Board shall grant or deny the application within 30 days of its submission to the Chairman of the Board. Action on the application shall lie at the discretion of the Board. Unless otherwise ordered, neither the rehearing nor the application for rehearing shall stay the enforcement of the order, or excuse the persons affected by it for failure to comply with its terms. On rehearing, the Board shall only consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order. Any person whose license or registration has been revoked or suspended by the Board, or any person placed on probation or reprimanded by the Board, may seek judicial review of the Board’s decision. This review shall be in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. Health Occupations Article, §§18-206 and 18-315; State Government Article, §10-206; Annotated Code of Maryland Effective date: Regulations .01 — .08 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1988); emergency status expired February 14, 1981 Regulations .01 — .09 adopted effective December 3, 1984 (11:24 Md. R. 2069) Regulation .05A, B amended effective November 26, 1990 (17:23 Md. R. 2732) Chapter revised effective September 4, 2000 (27:17 Md. R. 1620) Regulation .01 amended effective May 25, 2015 (42:10 Md. R. 684) Regulation .02A amended effective May 25, 2015 (42:10 Md. R. 684) Regulation .07 amended effective May 25, 2015 (42:10 Md. R. 684) Regulation .09 amended effective May 25, 2015 (42:10 Md. R. 684)