# COMAR Title 16 — Department of Juvenile Services

## Subtitle 02 — Contested-Case Hearings

### Chapter 04 — Hearing Procedures

#### Regulation .05 General Conduct of Hearings.

*COMAR 16.02.04.05*

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.