<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 26.01.02.08" title_num="26" subtitle_num="01" chapter_num="02" heading="Separation of Functions.">
  <paragraph num="A.">
    <text>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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>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.</text>
  </paragraph>
  <paragraph num="C.">
    <text>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.</text>
  </paragraph>
</regulation>