Chapter 04. Informal Conference
Regulation .01 Board’s Discretion.LinkCopy Citation
If the Board is unable to reach a decision based on the written submissions before it, the Board may schedule an informal conference to hear from the complainant and affected custodian or applicant, or any other person with relevant information about the subject of the complaint.
Regulation .02 Notice of Informal Conference.LinkCopy Citation
A.
After receipt of a complaint, the response, and a reply to the response, if one is filed, the Board shall notify the parties if it intends to hold an informal conference.
B.
Notice of an informal conference shall state:
(1)
The names of the complainant and affected custodian or applicant;
(2)
The matter number;
(3)
The date and time of the informal conference; and
(4)
The location of the informal conference.
C.
The Board may coordinate the date, time, and location of the informal conference with the complainant and the affected custodian or applicant prior to issuing the notice under §B of this regulation.
D.
Notice of an informal conference shall be sent by email, if provided, and regular mail to the address provided.
Regulation .03 Location of Informal Conference.LinkCopy Citation
A.
An informal conference shall be held in a location that is as convenient as practicable to the complainant and the affected custodian or applicant.
B.
An informal conference may be held by videoconference or teleconference, at the Board’s discretion.
Regulation .04 Timing of Informal Conference.LinkCopy Citation
An informal conference shall be held as soon as practicably possible after receipt of all written submissions, but no later than 30 days after receipt of all written submissions unless extenuating circumstances require an extension.
Regulation .05 Procedure During Informal Conference.LinkCopy Citation
A.
Charge of Informal Conference.
(1)
The Chair of the Board shall have charge over the conduct of an informal conference.
(2)
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.
B.
Evidence.
(1)
Testimony.
(a)
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.
(b)
The Board may ask questions of and elicit testimony from the parties during the informal conference.
(c)
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.
(2)
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.
(3)
The strict rules of evidence observed by the courts do not apply to an informal conference.
(4)
In its discretion, the Board may exclude irrelevant or unduly repetitive evidence.
C.
An informal conference is not a contested case within the meaning of State Government Article, §10-202(d), Annotated Code of Maryland.
Regulation .06 Record of Informal Conference.LinkCopy Citation
The Board shall record an informal conference.
Chapter annotations
Authority: General Provisions Article, §§4-1A-04(c) and 4-1A-07(b), Annotated Code of Maryland
History: Effective date: June 13, 2022 (49:12 Md. R. 641)