<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.46.03.05" title_num="10" subtitle_num="46" chapter_num="03" heading="Conduct of the Hearing.">
  <paragraph num="A.">
    <text>Board Majority. Except as provided in §B of this regulation, each hearing shall be held before a majority of the Board.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Delegation. The Board may delegate the authority to conduct the hearing to a committee in accordance with Health Occupations Article, §10-316, Annotated Code of Maryland, or to an administrative law judge in accordance with State Government Article, §10-205, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Duties of Presiding Officer.</text>
    <paragraph num="(1)">
      <text>The chairperson, or a member designated by the chairperson, shall be the presiding officer.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The presiding officer shall:</text>
      <paragraph num="(a)">
        <text>Have complete charge of the hearing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Permit the examination of witnesses;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Admit evidence;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Rule on the admissibility of evidence;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Adjourn or recess the hearing from time to time.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The presiding officer has discretion to set reasonable time limits on arguments and presentation of evidence.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The presiding officer shall be responsible for decorum in a hearing and can suspend the proceedings as necessary to maintain decorum.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <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.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Counsel presenting the case on behalf of the Board shall have the same rights with regard to the submission of evidence, examination, cross-examination of witnesses, presentation of summation and argument, and filing of objections, exceptions, and motions as does counsel for any party.</text>
    </paragraph>
    <paragraph num="(3)">
      <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="E.">
    <text>Order of Procedure. The case on behalf of the Board shall be presented first. The respondent shall then present his case. After that, rebuttal shall be permitted.</text>
  </paragraph>
  <paragraph num="F.">
    <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 to:</text>
      <paragraph num="(a)">
        <text>Call witnesses and present evidence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cross-examine every witness called on behalf of the Board or other party;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Present summation and argument, and file objections, exceptions, and motions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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 counsel.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Witnesses.</text>
      <paragraph num="(a)">
        <text>The presiding officer, or any person designated by him for that purpose, may examine any witness called to testify.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The presiding officer may call as a witness any person in attendance at the hearing.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any member of the Board may examine any witness called to testify.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>