<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.43.02.05" title_num="10" subtitle_num="43" chapter_num="02" heading="Conduct of the Hearing.">
  <paragraph num="A.">
    <text>Duties of Presiding Officer.</text>
    <paragraph num="(1)">
      <text>The Board shall conduct hearings before a quorum of the Board.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For purposes of a hearing under this chapter, four Board members present and entitled to vote shall constitute a quorum.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Board action shall be by majority vote of all the members then serving.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The President, or the President's designee, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The presiding officer may set reasonable time limits in arguments and presentation of evidence.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The presiding officer shall be responsible for decorum in hearings and can suspend the proceedings as necessary to maintain decorum.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Legal Advisor and Counsel for the Board.</text>
    <paragraph num="(1)">
      <text>The presiding officer may request the Office of the Attorney General to participate in any hearing to present the case on behalf of the Board, and, upon such a request, this counsel has all the rights with regard to the:</text>
      <paragraph num="(a)">
        <text>Submission of evidence, examination and cross-examination of witnesses;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Presentation of summation and argument; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Filing of objections, exceptions, and motions as counsel for any party.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The presiding officer may also request a representative of the Office of the Attorney General to act as legal advisor to the Board as to questions of evidence and law.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Order of Procedure. The State shall present its case first. Then the respondent shall present his case. After this the State may present rebuttal.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Examination of Witnesses and Introduction of Evidence.</text>
    <paragraph num="(1)">
      <text>The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Every party has the right on every genuine issue to:</text>
      <paragraph num="(a)">
        <text>Call witnesses and present evidence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cross-examine every witness called by the agency, or other party;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Submit rebuttal evidence, present summation and argument; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>File objections, exceptions, and motions, except that when a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The presiding officer, or the presiding officer's designee, may examine:</text>
      <paragraph num="(a)">
        <text>A witness called by a party; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An individual in attendance at the hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>A member of the Board may examine a witness called by a party.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Board may submit evidence from an investigative file to other administrative and criminal investigative offices to assist in the investigation and prosecution of a case.</text>
    </paragraph>
  </paragraph>
</regulation>