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<regulation prefix="Regulation" num=".09" citation="COMAR 19A.01.03.09" title_num="19A" subtitle_num="01" chapter_num="03" heading="Prehearing Process.">
  <paragraph num="A.">
    <text>Discovery and Disclosure.</text>
    <paragraph num="(1)">
      <text>The respondent has the right to inspect and to copy any document that is accessible under the Maryland Public Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of Maryland, as set forth in COMAR 19A.01.01.04.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If a prehearing conference is not held, the respondent and the staff counsel shall submit to the general counsel, at least 10 working days before the scheduled date of the hearing:</text>
      <paragraph num="(a)">
        <text>A proposed list of their witnesses and possible documentary evidence to be introduced at the hearing; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An estimate of the anticipated length of the presentation of their case.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The Chairman may prohibit the introduction of documentary or testimonial evidence not disclosed before the hearing as provided in §A(2) of this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Prehearing Conferences.</text>
    <paragraph num="(1)">
      <text>In its discretion, the Commission may direct the Chairman or another designated member to conduct a prehearing conference in any matter scheduled for a hearing pursuant to Regulation .07 of this chapter, either on the initiative of the Commission or at the request of the staff counsel or the respondent.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice shall be provided to the staff counsel and respondent of the date, time, and place of a prehearing conference called pursuant to §B(1) of this regulation, as set forth in Regulation .02F of this chapter.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A prehearing conference shall be designed to simplify the hearing by resolving preliminary matters, and may address the following:</text>
      <paragraph num="(a)">
        <text>Issuance of respondent subpoenas or other matters pertaining to discovery or disclosure;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record or judicially noticeable, or similar agreement that will avoid unnecessary proof;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Identification of witnesses or documentary evidence, and consideration of limiting the number of expert witnesses or the presentation of similar cumulative evidence;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The order of presentation and scheduling of the hearing;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Preliminary motions presented by either party; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Other matters that will simplify or clarify the issues or otherwise promote the orderly and prompt conduct of the hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>The proceedings at a prehearing conference shall be recorded.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Chairman or other member may issue a prehearing order that:</text>
      <paragraph num="(a)">
        <text>Recites the results of the preliminary conference;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Includes any rulings on motions considered at the prehearing conference;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Clarifies any scheduling or related issues; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Sets forth any other actions taken, or to be taken, with regard to any matter addressed at the prehearing conference.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Comments on or disagreement by the staff counsel or respondent with the prehearing order shall be filed with the Chairman or other member not later than 5 working days after service of the prehearing order. A dispute shall be ruled upon by the Chairman or other member before the hearing.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>A prehearing order issued pursuant to §B(6) of this regulation is a part of the complaint record.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Motions.</text>
    <paragraph num="(1)">
      <text>Except for extraordinary situations or as otherwise provided in these regulations, preliminary matters requiring a formal ruling shall be raised by motions at either the prehearing conference or at least 15 working days before the hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Motions shall be in writing and state briefly the relief applied for and the grounds for the motion and, when appropriate, be supported by a memorandum of points and authorities.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A response to a motion shall be filed with the Commission within 10 working days after receiving the initial motion.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A motion or response shall be served on the opposing party as set forth in Regulation .02F of this chapter.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Chairman may rule on the motion at any time before, during, or after the hearing.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Postponement.</text>
    <paragraph num="(1)">
      <text>Upon request from the staff counsel or the respondent, the Chairman may grant a postponement of the hearing for good cause as set forth in this section.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Requests for postponement shall be confirmed in writing, served on the opposing party as set forth in Regulation .02F of this chapter, and shall include:</text>
      <paragraph num="(a)">
        <text>The reason for the request; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When appropriate, a list of at least three dates within the 60-day period following the day on which the hearing was originally scheduled on which the party would be available for a hearing.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Requests for postponement shall:</text>
      <paragraph num="(a)">
        <text>Except in extraordinary circumstances or when requested in connection with a settlement proposal, be denied if made after a prehearing conference; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Be granted only if the party requesting the postponement clearly demonstrates that the request is made in good faith and that:</text>
        <paragraph num="(i)">
          <text>Hardship will result from its denial, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Postponement is required as part of a settlement consideration.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Whenever feasible, a postponed hearing that is to be held shall be rescheduled within 60 days of the date the hearing was originally scheduled.</text>
    </paragraph>
  </paragraph>
</regulation>