This chapter applies to hearings that the Board of Public Works is required to conduct by statute or regulation to adjudicate the rights, duties, statutory entitlements, or privileges of specific persons, except for hearings for which procedures are prescribed by a specific law or by other regulation. In this chapter, the following terms have the meanings indicated. Terms Defined. “Administrative law judge” means an individual assigned by the Office of Administrative Hearings to conduct a hearing pursuant to this chapter. “Board” means the Board of Public Works. “Party” means the Board or any person whose rights are being adjudicated at a hearing. Whenever the Board is required by statute or regulation to conduct a hearing as set forth in Regulation .01 of this chapter, the Board may: Hear the case; or Refer the case to the Office of Administrative Hearings which shall appoint an administrative law judge who shall conduct the hearing. The Board or the administrative law judge shall give the parties reasonable notice of the hearing. Contents of Notice. The notice shall contain a: Statement of the date, time, place, and nature of the hearing; Statement of the person's right to be represented by counsel; Statement of the legal authority and jurisdiction under which the hearing is to be held; Reference to the particular sections of statute and regulation, including rules of procedure, involved; and Short and simple statement of the matters which will be at issue at the hearing. Before the date of the hearing, a prehearing conference may be held, for which notice shall be given to all parties of the date, time, and place. In the discretion of the Board or the administrative law judge, persons other than parties may attend a prehearing conference. General. The provisions of State Government Article, §§10-211—10-219, Annotated Code of Maryland, concerning the conduct of administrative hearings apply to these proceedings. Presentation of Hearing. Hearings shall be conducted generally in the following order, unless modified by the Board or the administrative law judge during the prehearing conference or otherwise: Call of the case by the Board or the administrative law judge ; Opening statements by the parties; Presentation of evidence in the following order: The Board or its designee presents the basis for the Board's action or proposed action and other evidence, Parties aggrieved by the Board's action or proposed action present their objections and other evidence, Other persons may present evidence in the discretion of the Board or the hearing officer, Rebuttals in the same order. Powers of Board or Administrative Law Judge. The Board or the administrative law judge shall have all powers necessary to these ends, including, but not limited to, the power to: Administer oaths and affirmations; Rule upon offers of proof and receive relevant and material evidence; Consider and rule upon all procedural and other motions appropriate to the proceedings; Examine witnesses; Maintain order, limit unduly repetitious testimony, and limit the time for presentations; Grant a continuance for good cause shown; Require parties to submit proposed findings of fact and conclusions of law; Call witnesses. Rights of Party. Every party shall have the right on every genuine issue of fact to: Call witnesses and present evidence; Cross-examine every witness called by a party, the Board, or the administrative law judge or other person; Submit rebuttal evidence; Present summation and argument; and File objections, exceptions, and motions, except that if a party is represented by counsel, all the submissions of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel. The Board or the administrative law judge shall prepare an official record of each hearing, which shall include all pleadings, exhibits, and other material filed in the proceeding, and any testimony transcribed according to §B of this regulation. A stenographic record of the proceedings or other form of verbatim record acceptable to the Board shall be made at the expense of the Board. This record need not be transcribed unless requested by a party, the administrative law judge, or the Board. The cost of typewritten transcripts of proceedings, or part of proceedings, shall be paid by the party requesting the transcript. If the Board personally hears the evidence at the hearing, the Board shall issue a final decision within a reasonable time. Proposed Decision. If the Board does not personally hear the evidence at the hearing, the administrative law judge shall issue a proposed decision within 90 days of the hearing according to the provisions of State Government Article, §10-220, Annotated Code of Maryland, and a final decision may not be issued until the requirements of this section have been met. The administrative law judge shall send the proposed decision, including the findings of fact and conclusions of law on which it is based, to all parties immediately after its issuance. The administrative law judge shall notify the parties that within 15 days after receipt of the proposed decision, a party adversely affected by the proposed decision may file written exceptions to the proposed decision and request the opportunity to present argument to the Board. Any party filing written exceptions or requesting argument shall include in the exceptions or the request precise references to those sections of the record which the party wishes the Board to review. References to the record other than any transcript of testimony shall be indicated as R . . . , and references to the transcript of testimony as contained in the record shall be indicated as T . . .. If a party fails to provide these specific references, the Board may dismiss any request to present argument and may base its review of the proposed decision on whatever portion of the record it deems appropriate. If an opportunity to present argument is not requested, the Board shall issue a final decision within a reasonable time. If argument is requested, the Board shall set a date for presentation of argument and shall notify the parties of the date, time, and place for argument, which shall be held within a reasonable time of the receipt of the request for oral argument. The Board shall issue a final decision within a reasonable time of presentation of argument. Copies of the decision shall be mailed to all parties, return receipt requested. All final decisions issued by the Board shall include findings of fact and conclusions of law in accordance with State Government Article, §10-221, Annotated Code of Maryland. A party adversely affected by a final decision of the Board may obtain judicial review of the decision as provided by law. State Government Article, §10-206, Annotated Code of Maryland Effective date: September 5, 1988 (15:18 Md. R. 2153) Regulation .08A and B amended effective August 2, 1993 (20:15 Md. R. 1222) Chapter revised effective January 27, 1997 (24:2 Md. R. 116)