1. A. Hearings Before the Chief.

   1. (1) In hearings before the Chief, the provisions of §A(2) and (3) of this regulation apply.

   2. (2) Each party is entitled, on a genuine issue in a contested case, to:

      1. (a) Call witnesses;
      2. (b) Offer evidence; and
      3. (c) Cross-examine any witness who testifies.

   3. (3) Exclusion of Witnesses.

      1. (a) Upon request by a party, the Chief shall exclude witnesses other than parties from the hearing room, except when testifying.
      2. (b) A party that is not an individual may designate an employee or officer as its representative to remain in the hearing room, even though the employee or officer may be a witness.
      3. (c) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.
      4. (d) A party, representative, witness, or spectator may not disclose to a witness excluded under §A(3) of this regulation the nature, substance, or purpose of testimony, or other evidence introduced during that witness's absence.

      5. (e) The Chief may:

         1. (i) Exclude the testimony of a witness who receives information in violation of §A(3) of this regulation; or
         2. (ii) Take other appropriate action.
2. B. COMAR 28.02.01.20 governs hearings delegated to the Office.

Authority: State Government Article, §10-206(b);
Commercial Law Article, §§13-204(12), 13-205(a), and 13-403; Annotated Code of Maryland

Effective date: July 23, 1975 (2:16 Md. R. 1137)

Regulations .01—.16 repealed and new Regulations .01—.24 adopted effective January 31, 2005 (32:2 Md. R. 145)

Regulation .04C amended effective January 26, 2009 (36:2 Md. R. 99)

Annotation: COMAR 02.01.02.12 and 02.01.02.14 cited in Consumer Protection Division v. Consumer Publishing Co., 304 Md. 731 (1985)