Chapter 04. Hearing Procedures
Regulation .01 Scope.LinkCopy Citation
These regulations apply to all formal hearings before the State Board of Dietetic Practice.
Regulation .02 Notice of Hearing.LinkCopy Citation
A.
Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the:
(1)
Date, time, and place of the hearing;
(2)
Issues or charges involved in the proceeding, provided, however, that if by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable.
B.
Services upon a party shall be by delivery of the charging document and copy of the complaint to the party in person. Instead of personal service, the Board may serve the charging document and a copy of the complaint by registered or certified mail, restricted delivery, return receipt requested.
Regulation .03 Representation of Parties.LinkCopy Citation
Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.
Regulation .04 Prehearing Procedures.LinkCopy Citation
A.
Discovery.
(1)
Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following:
(a)
A list of witnesses to be called;
(b)
Copies of documents intended to be produced at the hearing; or
(c)
Both §A(1)(a) and (b) of this regulation.
(2)
Mandatory Discovery.
(a)
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:
(i)
The name and curriculum vitae of any expert witness who will testify at the hearing; and
(ii)
A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.
(b)
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.
(c)
The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report:
(i)
At the prehearing conference, if scheduled; or
(ii)
Immediately before the scheduled hearing.
(d)
If an expert adopts a sufficiently specific charging document as the expert's report, that adoption satisfies the requirements set forth in this section.
(3)
Parties are not entitled to discovery of items other than as listed in §A(1) and (2) of this regulation.
(4)
Both parties have a continuing duty to supplement their disclosures of witnesses and documents.
(5)
Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list:
(a)
After the prehearing conference, if scheduled; or
(b)
Later than 15 days before the hearing, if no prehearing conference is scheduled.
(6)
The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes.
(7)
Construction.
(a)
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.
(b)
In the event of a conflict between this regulation and COMAR 28.02.01, this regulation applies.
B.
Prehearing Conferences. The Board may set prehearing conferences as it deems appropriate.
C.
Oaths and Subpoenas.
(1)
The Board may issue subpoenas, administer oaths and compel the attendance of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the State as in civil cases in the circuit court of the county or of Baltimore city, by subpoena issued over the signature of the Chairman or Secretary and the seal of the Board.
(2)
If, without lawful excuse, an individual disobeys a subpoena from the Board, or an order by the Board to take any oath, testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the individual for contempt of court.
D.
Motions filed by a party shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party. Any response shall be filed with the Board at least 5 working days before the hearing and a copy shall be served on the opposing party.
E.
If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Regulation .05 Conduct of the Hearing.LinkCopy Citation
A.
Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-212, Annotated Code of Maryland. Board action shall be by majority vote of those Board members present at the hearing.
B.
Duties of Presiding Officer.
(1)
The Chairman, or in the Chairman's absence a member designated by the Chairman, shall be the presiding officer, or if in a delegated hearing, a hearing examiner shall be the presiding officer.
(2)
The presiding officer shall:
(a)
Have complete charge of the hearing;
(b)
Permit the examination of witnesses;
(c)
Admit evidence;
(d)
Rule on the admissibility of evidence; and
(e)
Adjourn or recess the hearing from time to time.
(3)
The presiding officer may set reasonable time limits on arguments and presentation of evidence.
(4)
The presiding officer shall be responsible for decorum in hearings and can suspend the proceedings as necessary to maintain decorum.
C.
Legal Advisor and Counsel for the Board.
(1)
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.
(2)
The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all the following rights:
(a)
The submission of evidence;
(b)
Examination and cross-examination of witnesses;
(c)
Presentation of summation and argument; and
(d)
Filing of objections, exceptions, and motions.
(3)
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.
D.
Order of Procedure. The State shall present its case first. Then the respondent shall present his case. After this the State may present rebuttal.
E.
Examination of Witnesses and Introduction of Evidence.
(1)
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.
(2)
Each party has the right to:
(a)
Call witnesses and present evidence;
(b)
Cross-examine witnesses called by the Board or other party;
(c)
Present summation and argument and file objections, exceptions, and motions.
(3)
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 this counsel.
(4)
Witnesses.
(a)
The presiding officer, or any person designated by the presiding officer for the purpose, may examine any witness called to testify.
(b)
The presiding officer may call as witness any person in attendance at the hearing.
(c)
Any member of the Board may examine any witness called to testify.
Regulation .06 Records and Transcript.LinkCopy Citation
A.
The Board shall prepare an official record, which shall include all pleadings, testimonies, exhibits, and other memoranda or material filed in the proceeding.
B.
A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed 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.
Regulation .07 Decision and Order.LinkCopy Citation
A.
Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law.
B.
A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or attorney of record.
Regulation .08 Rehearings.LinkCopy Citation
A.
A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order.
B.
An order of the Board may not be stayed pending review.
C.
The Board may 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.
Regulation .09 Appeals.LinkCopy Citation
A person whose license has been revoked or suspended by the Board, or any person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by law.
Chapter annotations
Authority: Health Occupations Article, §§5-204, 5-205, 5-312, and 5-513; State Government Article, §10-206; Annotated Code of Maryland
History: Effective date: February 20, 1989 (16:3 Md. R. 345)
History: Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1726)
History: Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1726)
History: Regulation .04C amended effective August 13, 2007 (34:16 Md. R. 1432)
History: Regulation .04E adopted effective August 13, 2007 (34:16 Md. R. 1432)
History: Regulation .08A, B amended effective August 13, 2007 (34:16 Md. R. 1432)