<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 14.02.04.05" title_num="14" subtitle_num="02" chapter_num="04" heading="Procedure During Informal Conference.">
  <paragraph num="A.">
    <text>Charge of Informal Conference.</text>
    <paragraph num="(1)">
      <text>The Chair of the Board shall have charge over the conduct of an informal conference.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the Chair is recused from a matter under COMAR 14.02.01.03, then a Board member designated by the Chair shall have charge over the conduct of an informal conference.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Evidence.</text>
    <paragraph num="(1)">
      <text>Testimony.</text>
      <paragraph num="(a)">
        <text>In addition to live testimony, the Board may allow the parties to testify by teleconference or to submit written testimony by email or regular mail, provided that any written testimony is also submitted to the other party.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Board may ask questions of and elicit testimony from the parties during the informal conference.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Cross-examination may be conducted as the Chair, or the Board member designated by the Chair to have charge over the informal conference, finds it required for full and true disclosure of the facts.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Board may allow documentary or other nontestimonial evidence to be submitted at an informal conference, provided that it is also sent to the other party.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The strict rules of evidence observed by the courts do not apply to an informal conference.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>In its discretion, the Board may exclude irrelevant or unduly repetitive evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An informal conference is not a contested case within the meaning of State Government Article, §10-202(d), Annotated Code of Maryland.</text>
  </paragraph>
</regulation>