<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.58.04.05" title_num="10" subtitle_num="58" chapter_num="04" heading="Conduct of the Hearing.">
  <paragraph num="A.">
    <text>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. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members then serving on the Board.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Duties of Presiding Officer.</text>
    <paragraph num="(1)">
      <text>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, an administrative law judge under State Government Article, §§9-1601—9-1610, Annotated Code of Maryland, 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; and</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 may 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 hearings and can suspend the proceedings as necessary to maintain decorum.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Legal Advisor and Counsel for the Board.</text>
    <paragraph num="(1)">
      <text>The Board 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>The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all the following rights:</text>
      <paragraph num="(a)">
        <text>The submission of evidence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Examination and cross-examination of witnesses;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Presentation of summation and argument; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Filing of objections, exceptions, and motions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Board 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="D.">
    <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="E.">
    <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>Each party has the right to:</text>
      <paragraph num="(a)">
        <text>Call witnesses and present evidence;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Cross-examine witnesses called by 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>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 counsel.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Witnesses.</text>
      <paragraph num="(a)">
        <text>The presiding officer, or any person designated by the presiding officer for the purpose, may examine any witness called to testify.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The presiding officer may call as 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 num="(5)">
      <text>If an accused or complainant fails to appear at a hearing after due notice, the Board or its designee may reschedule the hearing, or may proceed upon the available investigation, report, documents, witnesses, and records.</text>
    </paragraph>
  </paragraph>
</regulation>