A. The Commission chairman, or a designee, shall be the presiding officer who shall:
- (1) Be in charge of the hearing;
- (2) Permit the examination of witnesses;
- (3) Rule on the admissibility of evidence;
- (4) Decide the order in which parties may testify, present evidence, or present argument;
- (5) Adjourn or recess the hearing from time to time;
- (6) Decide if a party is required to submit a written brief or motion supporting the party's position and establish deadlines for submissions;
- (7) Reschedule the hearing if a majority of the Commission is not present; and
- (8) Maintain a record of the hearing as required under State Government Article, §10-218, Annotated Code of Maryland.
B. The presiding officer shall determine that a party:
- (1) Has been informed of the nature of the proceedings;
- (2) Understands the language and intent of these regulations; and
- (3) Is cognizant of the rights under applicable statutes upon which the subject of the hearing is conducted as well as rights under these regulations.
- C. If the presiding officer is not satisfied that a party is fully informed as to these matters, the presiding officer shall note this on the record.
- D. The presiding officer when deciding the case or issuing an order pursuant to the provisions of these regulations and of law shall inform the party of the right to appeal a decision or order and the methods and procedures for making that appeal.
E. The presiding officer may:
- (1) Examine witnesses;
- (2) Call witnesses; and
- (3) Request the Office of the Attorney General to provide counsel to the Commission and to Commission staff who may be presenting evidence at the hearing.
Authority: State Government Article, Title 10, Subtitle 02, Annotated Code of Maryland
Effective date: February 20, 1981 (8:4 Md. R. 343)
Chapter revised effective November 8, 2004 (31:22 Md. R. 1595)