1. A. Hearings shall be conducted in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

   1. (1) The Board may delegate the Board’s authority to hear contested cases to the Office of Administrative Hearings on a case-by-case basis.
   2. (2) Proceedings are not open to the public.
   3. (3) Hearings may be held by electronic means.
2. B. Burden of Proof. A party asserting the affirmative of an issue bears the burden of proof regarding the issue.
3. C. Order of Procedure. The party with the burden of proof shall present their case first.

4. D. Hearings Conducted Before the Board.

   1. (1) The Board shall notify the parties of the date, time, and place of the hearing.
   2. (2) Each hearing shall be held before a majority of the Board.
   3. (3) The delegation for an evidentiary hearing to an administrative law judge shall be by the Board at its discretion.

   4. (4) Presiding Officer. For hearings before the Board, the Board Chair, or, in the Chair's absence, a member designated by the Chair shall be the presiding officer of the hearing. The presiding officer shall:

      1. (a) Have complete charge of the hearing proceedings;
      2. (b) Rule on any matter to facilitate the hearing;
      3. (c) Permit the examination of witnesses;
      4. (d) Rule on the admissibility of evidence;
      5. (e) Admit evidence; and
      6. (f) Adjourn or recess the hearing from time to time.
   5. (5) The presiding officer, at the presiding officer's discretion, may set reasonable time limits on arguments and presentation of evidence.
   6. (6) The presiding officer shall be responsible for decorum in a hearing and can suspend the proceedings as necessary to maintain decorum.
   7. (7) Legal Advisor and Counsel for the Board. A representative of the Office of the Attorney General shall act as legal advisor and counsel to the Board.

   8. (8) Administrative Prosecutor.

      1. (a) The Board may request the Office of the Attorney General, Health Occupations and Prosecution Unit to participate as the administrative prosecutor in any hearing to present the case on behalf of the State.
      2. (b) The administrative prosecutor that presents the case on behalf of the State shall have the same rights with regard to the submission of evidence, examination, cross-examination of witnesses, presentation of summation and argument, and filing of objections, exceptions, and motions as does the respondent and respondent’s counsel for any party.

   9. (9) Examination of Witnesses and Introduction of Evidence.

      1. (a) The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §10-213, Annotated Code of Maryland.
      2. (b) Every party has the right to call witnesses and present evidence, cross-examine every witness called on behalf of the Board or other party, and present summation and argument and file objections, exceptions, and motions.
      3. (c) When a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.
      4. (d) The presiding officer, or any person designated by the presiding officer for that purpose, may examine any witness called to testify. Any member of the Board may examine any witness called to testify.

5. E. Evidentiary Hearings Conducted at the Office of Administrative Hearings.

   1. (1) Unless specified otherwise in this chapter, hearings delegated to the Office of Administrative Hearings are governed by the Office of Administrative Hearings Rules of Procedure, pursuant to COMAR 28.02.01.
   2. (2) Proceedings are not open to the public.

   3. (3) The Board action concerning charges against a nursing home administrator or an assisted living manager may be consolidated for the evidentiary hearing at the Office of Administrative Hearings, with a disciplinary action against a nursing home or assisted living program, brought by the Department if:

      1. (a) The licensed nursing home administrator or licensed assisted living manager of the Board action administered or managed the facility that is the subject of the Department’s action; and
      2. (b) The issues and facts in the cases are sufficiently similar.

   4. (4) If a matter has been delegated to the Office of Administrative Hearings, unless otherwise specified by the Board, the administrative law judge presiding over the proceedings shall issue to the Board a proposed decision which shall include:

      1. (a) Proposed findings of fact;
      2. (b) Proposed conclusions of law; and
      3. (c) A proposed sanction.

6. F. Exceptions and Exceptions Hearing.

   1. (1) If a matter has been delegated by the Board to the Office of Administrative Hearings or to an individual member of the Board, a party may file exceptions to the proposed decision before the Board makes a final decision.
   2. (2) Unless otherwise permitted by the Board, within 21 days after the issuance of the proposed decision, either party may file written exceptions with the Board.

   3. (3) Unless otherwise permitted by the Board, a party’s written exceptions may not be longer than 25 double-spaced pages and shall state with particularity the:

      1. (a) Finding of fact;
      2. (b) Conclusion of law or other matter excepted to; and
      3. (c) Relevant portions of the record supporting the party’s exception.
   4. (4) Unless otherwise permitted by the Board, within 15 business days after a party’s exceptions are filed with the Board, the opposing party may file an answer to exceptions.

   5. (5) Unless otherwise permitted by the Board, a party’s answer to exceptions may not be longer than 25 double-spaced pages and shall state with particularity:

      1. (a) A response to an exception; and
      2. (b) The relevant portions of the record supporting that response.
   6. (6) Unless otherwise agreed to by the parties and permitted by the Board, an exceptions hearing shall be scheduled for the next meeting of the Board after receipt of the parties’ exceptions and any answer to exceptions.

   7. (7) Exceptions Hearing.

      1. (a) An exceptions hearing shall be held before the Board.
      2. (b) The hearing shall be a non-evidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and answers to exceptions.
      3. (c) The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each party’s oral argument.
      4. (d) The presiding Board member shall make rulings reasonably necessary to facilitate the exceptions hearing.
      5. (e) The respondent and the administrative prosecutor may not exceed 30 minutes to present oral argument per side, unless approved by the presiding officer.
      6. (f) The party who filed the exceptions shall proceed first and may reserve part of the allotted time for rebuttal.
   8. (8) Unless otherwise agreed to by the parties and permitted by the Board, in an answer to exceptions or in the hearing on exceptions, the parties may not reference any document or other evidence or offer an exhibit that is outside the record of the evidentiary hearing before the administrative law judge.

   9. (9) If neither party files exceptions within the time specified in §C(2) of this regulation, in making the Board's final decision, the Board shall consider only the:

      1. (a) Proposed decision of the administrative law judge; and
      2. (b) Record of the evidentiary hearing.

7. G. Final Decision. After a formal hearing is conducted, the Board shall issue a written final decision to be sent to the parties upon issuance which shall include:

   1. (1) Findings of fact;
   2. (2) Conclusions of law;
   3. (3) An order; and
   4. (4) Appeal rights, if applicable.

Authority: Health-General Article, §§2-104 and 19-1809; Health Occupations Article, §§1-212, 1-602—1-609, 9-205, 9-313—9-316.1, 9-3A-11—9-3A-17, and
9-401—9-407; State Government Article, §§10-201—10-226; Annotated Code of Maryland

Effective date: January 19, 2026 (53:1 Md. R 22)