<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".11" citation="COMAR 16.02.04.11" title_num="16" subtitle_num="02" chapter_num="04" heading="Witnesses.">
  <paragraph num="A.">
    <text>Witness List.</text>
    <paragraph num="(1)">
      <text>Prior to the hearing, and whether or not a prehearing conference is held, the Secretary may order that each party make available to the other parties the names and written reports of experts and other witnesses the party expects to call.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Failure to comply in good faith with the order is grounds for the refusal to admit the oral or written testimony of that witness or a report of that expert.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Oath or Affirmation. Witnesses shall take an oath or affirmation to tell the truth.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Exclusion from Proceedings.</text>
    <paragraph num="(1)">
      <text>On request of a party, the Secretary shall exclude witnesses other than parties from the hearing room, except when testifying.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A party, representative, witness, spectator, or other person may not disclose to any witness excluded under this section the nature, substance, or purpose of any testimony, exhibit, or other evidence introduced during that witness' absence.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A party that is not an individual may designate an employee or officer to remain in the hearing room as its representative, 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 that testimony.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If a witness receives information in violation of this section, the Secretary may:</text>
      <paragraph num="(a)">
        <text>Exclude the testimony of that witness; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Take other appropriate action.</text>
      </paragraph>
    </paragraph>
  </paragraph>
</regulation>