- A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-213 and 10-214, Annotated Code of Maryland.
- B. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions; provided, however, that where a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.
- C. The presiding officer, or any person designated by him for the purpose, may examine any witness called by any party. He may call as a witness any person in attendance at the hearing. Any member of the Board may examine any witness called by any party.
- D. The Board shall have the power to compel the attendance of witnesses by subpoena.
- E. A member of the Board shall decide a motion for recusal when the basis for the motion is that member’s legal interest or bias. The presiding officer shall decide a motion for recusal, if the basis for the motion is something other than legal interest or bias of another member.
Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland
Effective date: June, 1968
Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)
Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997
Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)
Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)