Regulation .05 General Conduct of Hearings.
Regulation .05 General Conduct of Hearings.LinkCopy Citation
A.
Secretary's Duties. The Secretary shall:
(1)
Conduct a full, fair, and impartial hearing;
(2)
Take action to avoid unnecessary delay in the disposition of the proceedings; and
(3)
Maintain order.
B.
Secretary's Powers—General. The Secretary's authority to regulate the conduct of the proceedings includes the power to:
(1)
Administer oaths and affirmations;
(2)
Rule on offers of proof and receive relevant and material evidence;
(3)
Rule on motions;
(4)
Call and examine witnesses to insure a full and complete record;
(5)
Limit unduly repetitious testimony and limit the time for presentations;
(6)
Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;
(7)
Issue orders as necessary to secure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;
(8)
Conduct the hearing in a manner suited to ascertain the facts and safeguard the parties' rights; and
(9)
Impose appropriate sanctions for failure to abide by this subtitle or any order of the Secretary.
C.
Secretary's Powers—Prehearing Order. Whether or not a prehearing conference is held, the Secretary may issue a prehearing order to regulate the conduct of the proceedings.
D.
Sanctions. The sanctions authorized by this regulation include:
(1)
Limiting the issues to be heard;
(2)
Dismissing all or any part of the request for a hearing; or
(3)
Entering an order on the merits against a party.