1. A. The Commissioner of Labor and Industry, or the Commissioner's designee, shall be the hearing officer.

2. B. The hearing officer shall:

   1. (1) Call the title of the case;
   2. (2) Briefly explain the purpose and nature of the hearing;
   3. (3) Administer the oath to all persons who are summoned or intend to testify; and
   4. (4) Receive any stipulations entered into by the parties.
3. C. Counsel or any party may address any preliminary matter, exception, or motion.

4. D. The following exhibits shall be introduced:

   1. (1) If the hearing officer is the Commissioner's designee, a copy of the letter designating the individual to preside at the hearing;
   2. (2) A copy of the petition, complaint, or other matter involved in the hearing; and
   3. (3) A copy of the notice of hearing sent to each party.

5. E. Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may:

   1. (1) Call witnesses;
   2. (2) Offer evidence, including rebuttal evidence;
   3. (3) Cross-examine witnesses; and
   4. (4) Present argument and summation.
6. F. The hearing officer may question any witness.
7. G. The rules of evidence of the Administrative Procedure Act—Contested Cases, State Government Article, §10-208, Annotated Code of Maryland, shall apply.

8. H. The hearing officer's decision shall include:

   1. (1) Findings of fact based on the evidence presented;
   2. (2) Conclusions of law applying the law to the factual findings; and
   3. (3) An order disposing of the case.
9. I. The hearing officer shall promptly deliver or mail a copy of the decision to each party or the party's attorney of record.

Authority: State Government Article, §10-204; Labor and Employment Article, §2-106(a);
Education Article, §16-510.1; Annotated Code of Maryland

Effective date: April 20, 1979 (6:8 Md. R. 655)

Regulation .01 repealed and new Regulation .01 adopted effective December 14, 1987 (14:25 Md. R. 2659)