# COMAR Title 20 — Public Service Commission

## Subtitle 07 — Practice and Procedure

### Chapter 01 — General

**Authority:** Public Utilities Article, §§2-112, 2-113, 2-121, 3-101, 3-104, and 3-113, Annotated Code of Maryland

**Administrative History:** Effective date: August 15, 1910

**Administrative History:** Regulations .01—.08 revised effective May 8, 1911, May 3, 1912, and October 19, 1914

**Administrative History:** Regulation .01-1 adopted effective September 21, 1986 (13:19 Md. R. 2121)

**Administrative History:** Regulation .09 adopted effective August 4, 1972 (Order No. 59884)

**Administrative History:** Regulation .09 repealed effective July 31, 1995 (22:15 Md. R. 1120)

#### Regulation .01 Principal Office.

*COMAR 20.07.01.01*

The principal office of the Commission shall be at the William Donald Schaefer Tower, 6 St. Paul Street, Baltimore, Maryland 21202.

#### Regulation .01-1 Waivers of Regulations.

*COMAR 20.07.01.01-1*

A regulation in this subtitle may be waived by the Commission for good cause shown.

#### Regulation .02 Sessions of the Commission.

*COMAR 20.07.01.02*

A. Stated sessions of the Commission shall be held at its office on Wednesday of each week, between the hours of 10 a.m. and 1 p.m. At stated sessions, the Commission will transact routine business and will sit for the consideration of all matters which may properly be brought before it.

B. Special sessions of the Commission for all authorized purposes may be held at such times and places as the Commission may direct.

#### Regulation .03 Quorum and Conduct of Proceedings.

*COMAR 20.07.01.03*

A. Quorum of Commission. A majority of the Commission shall constitute a quorum for the purpose of administering generally the provisions of the Public Utilities Article, Annotated Code of Maryland.

B. Formation of Panels.

  (1) Subject to the reserved right of the Commission to determine which proceedings shall be conducted en banc, the Chairman shall determine the composition of panels, assign cases to them, designate the presiding officer, and also determine the cases to be referred to the Hearing Examiner Division.

  (2) Panels shall consist of three commissioners or two commissioners and a hearing examiner.

C. Quorum for Panels. A majority of the three-member panel shall constitute a quorum for both conducting the proceeding and for the passage of a final order.

D. Absence of Chairman. The Chairman shall designate a member of the Commission to act in his absence to discharge his duties under this regulation for the formation of hearing panels and the assignment of cases.

#### Regulation .04 Representation by Counsel.

*COMAR 20.07.01.04*

A. All parties, except individuals appearing in their own behalf, shall be represented by attorneys-at-law, who are duly admitted and enrolled to practice before the Court of Appeals of this State when the Commission is performing a quasi-judicial function as distinguished from a legislative, executive, or a ministerial function.

B. A nonresident attorney may not be allowed to enter his appearance in a case before the Commission except upon motion, which will not ordinarily be granted unless some attorney with a full-time office in this State is associated with him or her in the matter.

#### Regulation .05 Reports of Accidents.

*COMAR 20.07.01.05*

Reports of all accidents required to be filed with the Commission shall be made in writing within 30 days after its happening, or as prescribed by order of the Commission duly served.

#### Regulation .06 Practice on Receiving Petitions.

*COMAR 20.07.01.06*

A. On receiving a petition, application, or complaint in writing, the Commission will refer it to the Secretary for examination. If it is found to conform to these regulations and all statutory provisions, the Secretary shall report that fact to the Commission. If it does not so conform, he shall advise the applicant of the defects, which may then be corrected.

B. When the papers and any accompanying exhibits are in proper form, a time and place for a hearing on them may be appointed. The Commission will, in each case, direct what notice of a hearing shall be given, whether by publication or otherwise, and to whom.

C. The applicant shall furnish at its expense, for the use of the Commission in determining the application, the originals of all books, papers, and documents which it may require, or certified or verified copies of them. The failure to do so shall be ground for refusing the application.

#### Regulation .07 Size of Papers Filed.

*COMAR 20.07.01.07*

All petitions, complaints, applications, answers, briefs, and other papers filed with the Commission, shall be printed or typewritten, whenever practicable, upon sheets not more than 11 inches long and 8-1/2 inches wide.

#### Regulation .08 Applications for Extension of Time for Filing Reports.

*COMAR 20.07.01.08*

A. An application by a corporation, firm, or person for an extension of the time within which a report is or may be required to be filed with the Commission, shall be in writing, filed before the expiration of the period, the extension of which is deemed necessary, and shall state in detail:

  (1) What, if any, effort has been made by the applicant to prepare the report;

  (2) Any facts tending to show why the report cannot be made and filed within the time prescribed;

  (3) Any other facts which may make an extension of time necessary or proper; and

  (4) The further period of time deemed necessary by the applicant within which to make and file the report.

B. The Commission may hold a hearing on the petition, and in that event the applicant shall attend, and produce such witnesses and documents relative to its request as the Commission shall require.
