Chapter 06. Hearing Practices and Procedures
Regulation .01 Scope.LinkCopy Citation
These regulations apply to hearings conducted under Correctional Services Article, §§8-114 and 8-115, Annotated Code of Maryland, as well as hearings otherwise required by statute or regulation.
Regulation .02 Repealed.LinkCopy Citation
Regulation .03 Parties.LinkCopy Citation
A.
The governing authority shall be a party to all proceedings concerning the closure or cessation of operations of an adult place of confinement.
B.
The Commission may admit as a party any person, agency, or other entity which has submitted a written request to be a party, and the rights of which may be substantially affected by the outcome of the proceedings before the Commission.
Regulation .04 Conduct of Hearings.LinkCopy Citation
A.
All hearings shall be conducted by a majority of the members of the Commission, except that the Commission, upon a finding that a majority is not available to conduct a hearing in a timely fashion, may direct that less than a majority of the Commission conduct a hearing.
B.
The Chairman or the Chairman's designee shall be the presiding officer at hearings.
C.
The presiding officer shall, in consultation with other members of the Commission, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.
Regulation .05 Notice of Hearing.LinkCopy Citation
A.
With the exception of notice of hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, the Chairman shall send written notice of hearings to all parties at least 10 calendar days before the date of the hearings. Written notice of hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, shall be provided to all parties at least 72 hours before the time of the hearings.
B.
All notices of hearings shall state the:
(1)
Date, time, and place of the hearing;
(2)
Legal authority and jurisdiction under which the hearing is to be held;
(3)
Particular sections of statutes and rules, including rules of procedures, involved;
(4)
Nature of the hearing; and
(5)
Matters asserted, and issues involved, in a short and simple manner.
Regulation .06 Testimony and Evidence.LinkCopy Citation
A.
Each party shall have the right, on every genuine issue to:
(1)
Call witnesses and present evidence;
(2)
Cross-examine each witness called by the agency or any other party;
(3)
Submit rebuttal evidence; and
(4)
Present summation and argument.
B.
The Commission may admit and give probative effect to evidence which possesses probative value commonly accepted by reasonable and prudent persons in the conduct of their affairs. The Commission shall give effect to the rules of privilege recognized by law, and may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence.
C.
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
D.
All evidence, including records and documents in the possession of the Commission, of which it desires to avail itself, shall be offered and made a part of the record in the case, and other factual information or evidence may not be considered in the determination of the case.
E.
The Commission may take notice of judicially cognizable facts and general, technical, or scientific facts within its specialized knowledge. All parties shall be notified either before or during the hearing of facts which the Commission takes notice, and shall be afforded an opportunity to contest the facts so noticed.
F.
The Commission may use the experience, technical competence, and specialized knowledge of its members in the evaluation of the evidence presented at hearings.
G.
All testimony taken by the presiding officer shall be under oath. The oath shall be in the following form: “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 presiding officer shall be the truth, the whole truth, and nothing but the truth?”
Regulation .07 Postponement of Hearings.LinkCopy Citation
The Chairman or presiding officer may postpone a hearing upon written request by any party, except that hearings conducted under Correctional Services Article, §8-115, Annotated Code of Maryland, may not be postponed without the express consent of the governing authority. Postponements may be granted for reasons satisfactory to the Chairman or presiding officer.
Regulation .08 Records; Transcripts.LinkCopy Citation
A.
The Commission shall maintain a record in each case which shall include:
(1)
Pleadings, motions, intermediate and final rulings;
(2)
Documentary evidence received or considered;
(3)
A statement of matters officially noticed;
(4)
Questions and offers of proof, objections, and final rulings on them;
(5)
Proposed findings and exceptions;
(6)
The final decision, opinion, or order issued as a result of the hearing; and
(7)
A staff memorandum submitted to the Commission by any Commission employee.
B.
Oral proceedings shall be recorded by tape recorder or stenographer. A transcript of all or part of the oral proceedings shall be prepared upon the request of, and the advance payment of cost by, any party.
Regulation .09 Post-Hearing Memoranda or Briefs.LinkCopy Citation
A.
Upon request, or upon his or her own motion, the presiding officer may allow or require the submission of memoranda or briefs on the issues of fact and law involved in the case.
B.
Memoranda or briefs shall be filed in the form, with the number of copies, and at the time directed by the presiding officer.
Regulation .10 Failure of Party to Appear.LinkCopy Citation
If a party fails to appear at a hearing after due notice, the presiding officer may postpone the hearing in accordance with Regulation .07 of this chapter or, in his or her discretion, proceed upon the evidence and testimony submitted by those present at the hearing and upon all other evidence properly received.
Regulation .11 Decisions and Orders.LinkCopy Citation
A.
The final decision shall be stated in the record by the presiding officer, and shall be issued in writing after that and promptly forwarded to each party or to the party's attorney.
B.
The final decision shall include findings of fact and conclusions of law, separately stated.
C.
If the Secretary of Public Safety and Correctional Services is to render the final decision in a case pursuant to the Secretary's authority under Correctional Services Article, §2-113, Annotated Code of Maryland, or if a majority of the Commission members who are to render the final decision have not heard the evidence, the following procedure shall be followed:
(1)
The Commission members who heard the evidence shall prepare a proposal for decision, including findings of facts and conclusions of law, which shall be forwarded to each party or the party's attorney.
(2)
Each party adversely affected by the proposal for decision may file exceptions and, upon request, present argument to a majority of the officials who are to render the final decision. Exceptions, and requests for argument on the exceptions, shall be filed within 15 days of the date of the Proposal for Decision. Exceptions, and requests for argument filed after that, may not be considered.
(3)
A majority of the officials who are to render the final decision shall consider exceptions, argument, if any, and the whole record or such portions of the record as are cited by the parties, before rendering a final decision.
(4)
The final decision shall be immediately forwarded to each party or the party's attorney.
Regulation .12 Reconsideration.LinkCopy Citation
A.
Request for Reconsideration.
(1)
Each party may request reconsideration of a final decision.
(2)
The request shall be directed to the official or officials who rendered the decision, and shall be filed within 10 days after receipt of the final decision by the party.
(3)
The request shall state the grounds for reconsideration.
(4)
The decision maker shall grant or deny the request, in whole or in part, within 30 days of its filing.
(5)
The filing of a request for reconsideration may not stay a final decision and may not stay the time for filing an appeal from the final decision.
B.
If reconsideration is granted, the decision maker shall issue an order providing for reconsideration and staying the decision being reconsidered.
C.
The decision maker may conduct a hearing in accordance with the provisions of this chapter for the purpose of receiving further evidence or argument upon the matters being reconsidered.
D.
After reconsideration, the decision maker shall issue an order affirming, modifying, or rescinding the original decision, and shall immediately forward a copy of the order to each party or the party's attorney.
Regulation .13 Appeals.LinkCopy Citation
Each party aggrieved by a final decision is entitled to judicial review under State Government Article, §10-222, Annotated Code of Maryland, or as otherwise provided by law.
Regulation .14 Stays.LinkCopy Citation
A.
Request for Stay.
(1)
Each party seeking judicial review of a final decision may request a stay of the decision pending judicial review.
(2)
A request for a stay shall be filed with the decision maker within 15 days of the date of the decision for which the stay is sought.
(3)
A request for a stay shall include a statement of the reasons a stay is sought.
(4)
A request for a stay shall include a copy of the petition of appeal filed in the court having jurisdiction or a statement of the grounds for judicial review.
(5)
The party requesting the stay shall serve a copy of the request on all parties.
B.
A request for a stay may not extend the time for filing an appeal.
C.
The decision maker may hold a hearing on a request for a stay or may rule upon the request without a hearing.
D.
The decision maker shall issue an order granting or denying the stay, in whole or in part, and shall forward a copy of the order to each party or the party's attorney.
Chapter annotations
Authority: State Government Article, Title 10, Subtitle 2; Correctional Services Article, Title 8, Subtitle 1; Annotated Code of Maryland
History: Effective date: January 2, 1983 (9:26 Md. R. 2573)
History: Regulation .02 repealed effective December 4, 1995 (22:24 Md. R. 1900)