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<regulation prefix="Regulation" num=".14" citation="COMAR 10.37.10.14" title_num="10" subtitle_num="37" chapter_num="10" heading="Conduct of Public Hearing.">
  <paragraph num="A.">
    <text>The Chairman of the Commission shall preside at the public hearing, which may be called to order when the presiding officer is in attendance. If the Chairman is absent or has been disqualified, the Vice-chairman or another commissioner shall preside.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Commission may direct that a hearing officer preside at the public hearing. In this case, the hearing officer may exercise all powers given to a presiding commissioner in these regulations during all sessions of the public hearing.</text>
  </paragraph>
  <paragraph num="C.">
    <text>At the discretion of the Commission, the specific duties of the hearing officer may include the following:</text>
    <paragraph num="(1)">
      <text>Making all rulings as to evidence, testimony, and official notice;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Setting the order for the examination and cross-examination of witnesses;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Administering oaths and affirmations;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Preparing both written and oral summaries of cases heard;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Preparing a recommendation for the Commission consisting of a written report with findings of fact and conclusions of law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>The presiding officer may adjourn a hearing to a specified time, date, and place.</text>
  </paragraph>
  <paragraph num="E.">
    <text>All public hearings shall be recorded and testimony shall be under oath. A transcript of the record of the hearing shall be placed in the file of the proceeding. If the hospital or any other party desires a copy of the transcript, that party shall make arrangements with the stenographer.</text>
  </paragraph>
  <paragraph num="F.">
    <text>All direct testimony shall be submitted in writing and in an issue-by-issue format. The hearing shall begin with the examination of the representative of the hospital and any witnesses which the hospital may desire to have testify in its behalf. Whenever practicable, the testimony of witnesses shall proceed on an issue-by-issue basis.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The Commission's staff member assigned to the proceeding shall be the next witness to be examined on the issue in question. In a Commission initiated review, the staff member assigned to the proceeding shall be examined before the hospital witness.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Representatives of the other interested parties who have submitted written testimony shall be examined in the order set by the presiding officer.</text>
  </paragraph>
  <paragraph num="I.">
    <text>The Commission may examine witnesses at any time during the course of the proceeding. Commission staff and representatives of the hospital and interested parties may also examine witnesses.</text>
  </paragraph>
  <paragraph num="J.">
    <text>All testimony and examination shall be relevant to the subject of the proposed rates. Redundant and irrelevant testimony and examination shall be prohibited or stricken by the presiding officer. In addition, all interested parties may move the Commission to strike redundant and irrelevant testimony.</text>
  </paragraph>
  <paragraph num="K.">
    <text>At the presiding officer's discretion, he may allow direct oral testimony if a person attending the hearing demonstrates good cause for not submitting the testimony in written form before the hearing. Witnesses giving direct oral testimony shall be subject to cross-examination in the same manner as other witnesses. Anyone denied an opportunity to testify may appeal in writing to the full Commission within 7 days from this denial.</text>
  </paragraph>
  <paragraph num="L.">
    <text>To preserve his rights on appeal or otherwise, it is not necessary for a party objecting to a Commission ruling or decision to state the grounds of his objection, unless specifically requested to do so by a member of the Commission.</text>
  </paragraph>
  <paragraph num="M.">
    <text>At the Commission's reasonable discretion, it may permit the filing of post hearing briefs by the hospital, the Commission staff member or any interested party. Those parties submitting briefs shall file copies within a reasonable time designated by the presiding officer to the hospital, the designated interested parties, the Commission office and to each Commission member.</text>
  </paragraph>
  <paragraph num="N.">
    <text>A Commission member shall remove himself from participation in a public hearing as a Commission member if he decides that a conflict of interest may appear to prejudice his evaluation of the issues considered at the public hearing. Challenges to a Commission member's participation in a public hearing as a Commission member shall be considered by the Commission, the decision made by a majority vote, excluding the member objected to. Challenges shall be made by motion, at least 7 days before the public hearing.</text>
  </paragraph>
  <paragraph num="O.">
    <text>Except as otherwise provided, all decisions required during the conduct of the public hearing shall be made by the presiding officer.</text>
  </paragraph>
</regulation>