Chapter 01. Procedures for Hearings of Regulations

The time of the hearing, if required;

The place of the hearing, giving the street address, floor, and designated room;

The purpose of the hearing, in clear, intelligible language;

If necessary, reference to the particular statute which gives authority for the hearing and the proposed regulation.

Hearings generally are open to the public although executive sessions are permissible. Regulations affecting the public at large may not be adopted in executive session.

If a series of hearings is to be held on the same day, the schedule should be arranged at staggered periods, with brief intervals in between. Requests for adjournments or postponements will be granted only for due cause.

Certain evidence may be presented in executive session. When the interests of the parties require that confidentiality be preserved, such as information relating to secret processes or methods of manufacture or production, this information may be withheld from any public hearing.

Parties have a right to appear without or with counsel. This may include representation by non-lawyers in quasi-legislative hearings.

Parties should bring all pertinent records, documents, and other pertinent matter.

Parties may be accorded the right of cross-examination if it is relevant and material to the issues at hand. The right of cross-examination is not generally applicable to agencies conducting quasi-legislative type hearings.

As a general principle, the files of a State agency are public records and may be inspected by interested parties to the hearing.

There may be exceptions:

The legal staff may be consulted with regard to proper control of the inspection of files.

An oath is required by law (see Environment Article, §2-605(e), Annotated Code of Maryland); or

The oath gives some assurances of veracity, formality, or decorum to the hearing.

The requesting agency has the affirmative and is examined first, or explains the regulation. Affirmative witnesses are followed by the aggrieved parties, if any, and their witnesses. The requesting agency shall be permitted to rebut their testimony. All parties may be subject to appropriate cross-examination, depending on the type of hearing.

Motions to dismiss or strike out testimony are superfluous in administrative hearings and should not be entertained.

Each party should be afforded an adequate opportunity to present his case.

The strict rules of evidence are generally inapplicable to administrative hearings.

The hearing officer may exclude disorderly persons from the hearing.

The hearing officer shall receive and mark all exhibits and documents received in testimony, if they are relevant to the case.

All hearings should be recorded.

An accurate and complete transcript of the hearing shall be made.

The record should always indicate clearly who is talking.

Exhibits should be clearly marked. Other papers should be described for the record.

When questions arise as to admission of testimony and evidence, they should be admitted and the opposite party should be allowed to express his views concerning the admission.

Only the hearing officer controls the record.

If exhibits must be returned, the hearing officer should photostat or otherwise enter into the record a detailed description of the exhibits and indicate that they are being returned.

The record should be generated in a minimum of three copies (one original and two carbons), and should be filed as follows:

Additional copies of the record may be generated and furnished to respondents at their request and expense.

Subpoenas should only be issued when necessary and the law governing the issuance of subpoenas will be followed in each individual case, including but not limited to, any procedure that may be established by the Administrative Procedure Act.

They may be omitted when an ordinary notice of hearing will suffice.

It is sufficient to state in the notice of hearing that upon failure to attend, the matter may be decided upon testimony of parties present.

The final decision may be delayed, depending upon the subject matter, unless policy indicates otherwise. The decision, however, should be rendered as rapidly as possible.

The decisions generally should consist of the following, unless policy indicates otherwise:

The granting of postponement or continuance of a hearing may be within the discretion of the hearing officer depending upon the availability of witnesses, illness, attorneys, agreements or stipulations, and, for the most part, good and sufficient reason.

If a hearing falls within the category of adversary or quasi-judicial, it is reasonable to require the appellant or claimant, or his legal representative, to submit reasons for the postponement or continuance at least 5 days in advance of the hearing date. The request should be in writing, signed by the appellant or claimant, or his legal representative, and become a part of the file.

In the instance of quasi-legislative hearings, as, for example, when regulations are advertised for promulgation and adoption, the hearing officer should consider the best interest of the public.

There is no statutory requirement that these hearings be postponed or continued. Interested parties, by proper public notice, are given an opportunity to submit their data and views in writing before the hearing or to appear in person on the date of the hearing.