# COMAR Title 26 — Department of the Environment

## Subtitle 01 — General Provisions

### Chapter 02 — Procedures for Contested Case Hearings Before the Secretary of the Environment

#### Regulation .08 Separation of Functions.

*COMAR 26.01.02.08*

A. An individual who has served as prosecutor in an adjudicative proceeding may not serve as hearing examiner or assist or advise a hearing examiner in the same adjudicative proceeding.

B. A person who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as hearing examiner or as a final decision maker, or may assist or advise a hearing examiner or final decision maker in the same adjudicative proceeding, unless a party demonstrates grounds for disqualification in accordance with Regulation .10.

C. A person is not disqualified from serving as a hearing examiner or final decision maker at an adjudicative proceeding because of participation at a prior nonadjudicative proceeding involving the same matter.