Chapter 04. General Hearing Regulations

This chapter applies to proceedings before agencies of the Department of Public Safety and Correctional Services if an issue concerning the legal rights, duties, statutory entitlements or privileges of a party is required by law or constitutional right to be determined by a hearing.

This chapter does not apply to:

In this chapter, the following terms have the meanings indicated.

Terms Defined.

The presiding officer shall be:

The presiding officer shall have authority over the proceedings related to examining witnesses, admissibility of evidence, and other activities that are part of the hearing process under State Government Article, §§10-210—10-221, Annotated Code of Maryland.

An agency shall provide each party an opportunity to be heard in a contested case.

The presiding officer shall provide each party written notice of a hearing mailed not less than 10 days before the date of the hearing.

The presiding officer shall include in the notification of a hearing the information required under State Government Article, §10-208, Annotated Code of Maryland.

The presiding officer may postpone a hearing upon written request by any party.

Postponements may be granted for reasons satisfactory to the presiding officer.

The presiding officer shall notify each party of the postponement and the new hearing date.

A party may:

If a party or the party's attorney does not appear for the hearing and the presiding officer gave notice as required, the presiding officer may:

Testimony and Evidence. The presiding officer shall conduct the hearing as it relates to testimony and evidence according to the rules under State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.

Testimony shall be under oath. The oath shall be: “Do you solemnly promise and affirm under the penalties of perjury that the testimony you are about to give in the matter now pending before the agency shall be the truth, the whole truth, and nothing but the truth?”

The presiding officer shall require that a record is made of each hearing.

The record shall include the information required under State Government Article, §10-218, Annotated Code of Maryland.

The presiding officer shall use electronic equipment or a stenographer to record a hearing.

The presiding officer shall have a transcript of all or part of the oral proceedings prepared upon the request of, and the advance payment of the cost by, a party.

Following the hearing, the presiding officer may allow or require memoranda or briefs on the issues of fact and law involved in the contested case.

Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer.

The presiding officer shall use a preponderance of evidence as the standard of proof, unless the standard of clear and convincing evidence is required by regulation or statute.

The presiding officer shall:

If the final decision maker in a contested case does not personally preside over the original hearing, the final decision for a contested case shall be made under State Government Article, §10-216, Annotated Code of Maryland.

Request for Reconsideration.

If reconsideration is granted, the presiding officer shall issue an order providing for reconsideration and staying the decision under reconsideration.

A presiding officer may conduct a hearing under this chapter to consider further evidence or argument upon the matters being reconsidered.

After reconsideration, the presiding officer shall:

Request for Stay.

The presiding officer may grant or deny a request for a stay with or without a hearing.

The presiding officer shall issue a written order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or each party's attorney.