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<regulation prefix="Regulation" num=".09" citation="COMAR 14.09.03.09" title_num="14" subtitle_num="09" chapter_num="03" heading="Hearing Exhibits and Witnesses.">
  <paragraph num="A.">
    <text>Mandatory Exchange of Hearing Exhibits.</text>
    <paragraph num="(1)">
      <text>Parties shall file exhibits, prepared in accordance with §D of this regulation, with the Commission through CompHub at least 3 business days prior to each hearing, with the following exceptions:</text>
      <paragraph num="(a)">
        <text>Exhibits intended solely for impeachment; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Exhibits previously filed with the Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Parties shall exchange exhibits by electronic means with all other parties at least 3 business days prior to each hearing.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Failure to comply with this provision may result in sanctions.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Confidential Information.</text>
    <paragraph num="(1)">
      <text>If sensitive material must be brought to the attention of a Commissioner for the proper adjudication of a matter in dispute, the party seeking the admission of the sensitive or restricted material may request to brief the Commissioner in-chambers regarding the subject matter only after providing notice to opposing counsel.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A request to admit sensitive or restricted material shall be granted or denied at the Commissioner's discretion.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>General Rules Concerning Hearings.</text>
    <paragraph num="(1)">
      <text>On any genuine issue, each party is entitled to call witnesses, offer evidence, and cross-examine any witness who testifies.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A hearing shall be called to order by the Commissioner. The Commissioner may allow the parties to present preliminary matters.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Witnesses shall be sworn or put under affirmation to tell the truth.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A Commissioner may admit evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs, and give probative effect to that evidence.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Hearing Exhibits. Each party shall prepare an exhibit that:</text>
    <paragraph num="(1)">
      <text>Includes all documents that have not been filed previously with the Commission that are relevant and necessary to decide the issue or issues to be heard;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Is paginated; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Includes a table of contents that indicates the first page of each document contained in the exhibit, and the name of the health care provider, the date of the report, and date of treatments.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Sequestration of Witnesses.</text>
    <paragraph num="(1)">
      <text>Upon request by a party, the Commissioner may exclude witnesses other than parties from the hearing room, except when testifying.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A party, representative, witness, or spectator may not disclose to a witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during that witness's absence.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A party that is not an individual may designate an employee or officer as its representative to remain in the hearing room, even though the employee or officer may be a witness.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An expert witness who is to render an opinion based on testimony given at the hearing may remain during the testimony.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Commissioner may exclude the testimony of a witness who receives information in violation of this section, or take other appropriate action.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Stipulations.</text>
    <paragraph num="(1)">
      <text>The parties may, in accordance with law, agree to any substantive or procedural matter.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A stipulation may be filed in writing or entered on the record at the hearing.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Commissioner may require additional development of stipulated matters.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The parties filing a stipulation shall attach to the stipulation, or submit to the Commissioner at the hearing, documentation supporting the stipulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Expert Testimony.</text>
    <paragraph num="(1)">
      <text>If a party wishes to have an expert witness appear and testify, other than a vocational rehabilitation counselor, the party must seek prior approval from the Chairman.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The party shall submit a letter stating why oral testimony is necessary in lieu of documentary evidence.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The party producing the expert witness shall be responsible for any fees charged by the expert for appearing and testifying.</text>
    </paragraph>
  </paragraph>
</regulation>