- A. The appellant shall have the right to request that the hearing be closed to the public. The Secretary's designee shall grant the appellant's request for a closed hearing if the Secretary's designee, after hearing from the parties, determines that the appellant's interest in confidentiality and privacy outweighs the value to the public of an open hearing.
- B. The Secretary's designee shall call the case to order and explain the issue or issues to be decided and the hearing procedure.
- C. The appellant shall present the reasons the appellant objects to the Secretary's actions or inactions and the appellant's argument for the relief requested.
- D. All parties shall have the opportunity to present evidence, call witnesses, and question the other party's witnesses.
- E. In order to clarify relevant facts, the Secretary's designee may question any person at any time during the hearing.
- F. With the consent of both parties, the Secretary's designee may allow discussion of the issues among the parties and relevant witnesses in order to seek resolution.
- G. The applicant or recipient and that person's representative or representatives shall have the right to testify at the hearing.
- H. The Secretary's designee may, with consent of the parties, conduct all or part of a hearing by telephone if each party in the hearing has an opportunity to participate in and hear the entire proceeding while it is taking place.
Authority: Health-General Article, §§7-401 and 7-406, Annotated Code of Maryland
Effective date: February 21, 1975 (2:7 Md. R. 490)
Preface amended effective December 29, 1975 (3:4 Md. R. 217)
Chapter, Public and Private Residential Care Facilities Serving the Mentally Retarded (I.C.F—M.R.), repealed effective December 28, 1987 (14:26 Md. R. 2747)
Regulations .01—.13 Informal Hearings Under the Maryland Developmental Disabilities Law, adopted effective December 25, 1989 (16:25 Md. R. 2713)
COMAR 10.22.04 recodified to COMAR 10.22.16 effective July 26, 1999 (26:15 Md. R. 1148)
Regulation .03B amended effective December 31, 2018 (45:26 Md. R. 1245)