# COMAR Title 20 — Public Service Commission ## Subtitle 07 — Practice and Procedure ### Chapter 02 — Hearings and Investigations **Authority:** Public Utilities Article, §§2-112, 2-113, 2-115, 2-121, 3-101, 3-104, 3-109, 3-113, and 3-114, Annotated Code of Maryland **Administrative History:** Effective date: August 15, 1910 **Administrative History:** Revised effective May 8, 1911, May 3, 1912, and October 19, 1915 **Administrative History:** Regulations .06D and .13C amended effective May 10, 1982 (9:9 Md. R. 911) **Administrative History:** Regulations .09 and .10 amended effective January 23, 1981 (8:2 Md. R. 118) **Administrative History:** Annotation:COMAR 20.07.02.08 cited in Radio Communications, Inc. v. Public Service Commission of Maryland, et al., 50 Md. App. 422 (1981) #### Regulation .01 Stipulations. *COMAR 20.07.02.01* The parties to a hearing, investigation, or other proceeding before the Commission may, by stipulation in writing filed with the Commission, agree upon the facts or any of the facts involved therein, which stipulation, if filed, shall be regarded and used as evidence at the hearing, investigation, or other proceeding. The Commission may, nevertheless, require such additional evidence as it may deem necessary. #### Regulation .02 Character of Testimony. *COMAR 20.07.02.02* Except when stipulations are filed, the witnesses whose testimony may be desired at a hearing, investigation, or proceeding before the Commission, or before a Commissioner or hearing examiner as authorized by Public Utilities Article, §3-104, Annotated Code of Maryland, shall testify orally and under oath, unless the Commission, Commissioner, or hearing examiner for good cause shown deems it proper in special cases that written evidence, under affidavit or otherwise, be submitted. #### Regulation .03 Subpoenas. *COMAR 20.07.02.03* A. Subpoenas for witnesses may be signed and issued by the Secretary or by the Commission or a Commissioner, and may be served by any person of full age designated by the Commission, or by a Commissioner or the Secretary, or through the sheriff's office of any city or county of the State. B. The Commission may cause subpoenas and subpoenas duces tecum to be issued upon its own motion, or upon the application of any party to a hearing or investigation, but subpoenas duces tecum may not be issued upon application, unless the application is in writing and describes the books, papers, or other documents to be produced. #### Regulation .04 Evidence. *COMAR 20.07.02.04* A. The complainant should in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint. Upon request by the complainant, the Commission may assign counsel to appear for him or them, in conformity with Chapter 563 of the Acts of the General Assembly of Maryland, 1912.* The defendant shall also give evidence of the facts alleged in the answer, unless admitted by the complainant, and shall fully disclose his or its defense at the hearing. *Since amended by Ch. 534 of the Acts of 1924 and by Ch. 201 of the Acts of 1927. B. In case of failure to answer, the Commission will take such proof of the facts as may be deemed proper and reasonable and make such order on them as the circumstances of the case require. #### Regulation .05 Documentary Evidence. *COMAR 20.07.02.05* In all cases when documentary evidence is offered, the Commission, in its discretion, in lieu of requiring the originals to be filed, may accept true copies of the evidence or of such parts of it as may be relevant, or may require the evidence to be transcribed as part of the record. #### Regulation .06 Briefs. *COMAR 20.07.02.06* A. The Commission or presiding officer may, whenever it deems desirable, require the filing of printed or typewritten briefs on behalf of any party or parties to an investigation, hearing, or other proceeding, and may fix the time for the filing of the briefs. Concurrent briefs are preferable. The briefs shall contain an abstract of the evidence and also the arguments relied on by the party or parties filing them. B. A brief may not exceed 50 pages in length if produced by letterpress, multilith, or photo offset, or 60 pages in length if typewritten and reproduced by any other duplicating or copying process which produces a clear, readable black image on white paper, except by special permission of the Commission or presiding officer. This limitation does not apply to an appendix or to a table of contents and authorities. A brief of more than 20 pages shall contain a subject index and a table of authorities. C. A request for an extension of time to file briefs shall be made in writing, and a copy of it served upon or mailed to the other parties to the proceeding. Ordinarily, when a matter has been submitted on concurrent briefs, extensions may not be granted unless a stipulation is filed with the Commission or presiding officer. The original of each brief shall contain a certification that copies have been served upon or mailed to each party or his attorney. D. Unless otherwise prescribed or required by the Commission or presiding officer, each party to the proceeding shall file the original and a minimum of nine copies with the Commission or presiding officer. #### Regulation .07 Adjournments and Extensions. *COMAR 20.07.02.07* The Commission may, either upon its own motion or upon application, adjourn all hearings from time to time and may grant such extensions of time for compliance with its orders or other acts, as it may deem proper, provided that no requirement of law be violated by the extension, and that this section may not apply to extensions of time for filing reports. #### Regulation .08 Rehearings. *COMAR 20.07.02.08* A. Applications for reopening a cause after final submission, or for rehearing after final order, shall be made by petition in writing, stating specifically the grounds upon which the application is based. B. If the application is to reopen the cause for further evidence, the nature and purpose of the evidence shall be stated, and may not be merely cumulative. C. If the application is for a rehearing, the petition shall specify the findings of fact or of law claimed to be erroneous, together with a brief statement of the ground of the alleged error. D. A petition seeking to reverse or modify a decision, order, or requirement of the Commission shall: (1) Fully set forth the facts, circumstances, and consequences relied upon; and (2) Allege: (a) The facts and circumstances which have arisen after the hearing or order which justify the reversal or modification; or (b) The consequences resulting from compliance with the decision, order, or requirement which justify or entitle the applicant to the reversal or modification. #### Regulation .09 Investigations on the Commission's Own Motion. *COMAR 20.07.02.09* A. In every case in which the Commission is authorized by the Public Utilities Article, Annotated Code of Maryland, to make investigations on its own motion, it may, if it deems proper, conduct its investigations ex parte and without notice to the person or persons concerned. B. If the Commission conducts an ex parte investigation, before passing any final order the Commission shall formulate a complaint, setting forth fully and clearly the acts, omissions, or matters which are the subject of the investigation, and shall pass an order directed to the person or persons investigated requiring that the complaint be satisfied or answered within 20 days from the service of the complaint and order or within such less time as the Commission may prescribe. C. The complaint and order shall be served on the person or persons complained of in any manner authorized by law, and thereafter the proceedings shall go forward as set forth in COMAR 20.07.03, so far as the provisions of COMAR 20.07.03 apply. #### Regulation .10 Investigations at Corporation's Request. *COMAR 20.07.02.10* In all cases in which the Commission, at the request of or complaint of a corporation subject to the provisions of the Public Utilities Article, Annotated Code of Maryland, may undertake an investigation with a view to granting to the corporation any application which the corporation may be authorized under the law to make, the Commission may, in its discretion, give all other persons or corporations who may be affected by the application or the investigation an opportunity for a hearing, either by service upon them of a copy of the request or complaint, or by publication of the substance of it, at the expense of the corporation, for such length of time and in such newspaper or newspapers as the Commission may deem desirable. #### Regulation .11 Special Requirements. *COMAR 20.07.02.11* The provisions in this regulation as to hearings and investigations may not be taken to affect any further or additional provisions or requirements which may be prescribed in these regulations for special cases. #### Regulation .12 Examination of Witnesses. *COMAR 20.07.02.12* In a proceeding involving an application by a public service company seeking authority of the Commission to increase rates and charges for the utility service and when the direct testimony of witnesses has been pre-filed with the Commission and the intervening parties to the proceeding not less than 10 days before the scheduled appearance of witnesses at a hearing, cross-examination shall be limited to a maximum of 30 minutes per witness per intervening party to the proceeding. Re-direct of witnesses and recross-examination of witnesses on their re-direct testimony shall be limited to a maximum of 20 minutes, respectively, per witness per intervening party. Nothing in these regulations shall be construed in any way to apply to the Office of People's Counsel. Agency Note: See U.S. v. Public Service Commission, 422 F. Supp. 676 (D. Md., 1976), Civil No. B-74-1264. #### Regulation .13 Appeals From Proposed Orders of Hearing Examiners. *COMAR 20.07.02.13* A. A party noting an appeal to the Commission from a Proposed Order of Hearing Examiner shall, within 10 days after filing a Notice of Appeal, file with the Commission, and serve on all other parties, a Memorandum on Appeal. A Reply Memorandum may be filed in response to a Memorandum on Appeal within 20 days after the date of the filing of the Memorandum on Appeal. Further response will not be entertained unless the Commission orders otherwise. B. Memorandum on Appeal. (1) A Memorandum on Appeal shall contain: (a) A short statement of the case; (b) A summary of the basic position of the party filing; (c) The grounds upon which the appeal rests; and (d) The argument in support of the appeal with appropriate references to the record and legal authorities. (2) In addition, a party may, in a Memorandum on Appeal, set forth proposed specific findings which it considers to be supported by the record in the proceedings. A Reply Memorandum shall generally follow the same style prescribed for a Memorandum on Appeal, but may omit a statement of the case if it was correctly stated in the Memorandum on Appeal. C. A Memorandum on Appeal and a Reply Memorandum shall be self-contained and limited to 15 pages in length, provided that for good cause the limitation on length may be altered or waived for either class of memorandum upon application to and order of the Commission within the time limit for filing of the respective memorandums. Nine copies of the memorandum shall be filed with the Commission. D. There shall accompany and be attached to each Notice of Appeal, Memorandum on Appeal, and Reply Memorandum a Certificate of Service stating that the document has been served on every other party to the proceeding.