1. A. Secretary's Duties. The Secretary shall:

   1. (1) Conduct a full, fair, and impartial hearing;
   2. (2) Take action to avoid unnecessary delay in the disposition of the proceedings; and
   3. (3) Maintain order.

2. B. Secretary's Powers—General. The Secretary's authority to regulate the conduct of the proceedings includes the power to:

   1. (1) Administer oaths and affirmations;
   2. (2) Rule on offers of proof and receive relevant and material evidence;
   3. (3) Rule on motions;
   4. (4) Call and examine witnesses to insure a full and complete record;
   5. (5) Limit unduly repetitious testimony and limit the time for presentations;
   6. (6) Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;
   7. (7) Issue orders as necessary to secure procedural simplicity and administrative fairness and to eliminate unjustifiable expense and delay;
   8. (8) Conduct the hearing in a manner suited to ascertain the facts and safeguard the parties' rights; and
   9. (9) Impose appropriate sanctions for failure to abide by this subtitle or any order of the Secretary.
3. C. Secretary's Powers—Prehearing Order. Whether or not a prehearing conference is held, the Secretary may issue a prehearing order to regulate the conduct of the proceedings.

4. D. Sanctions. The sanctions authorized by this regulation include:

   1. (1) Limiting the issues to be heard;
   2. (2) Dismissing all or any part of the request for a hearing; or
   3. (3) Entering an order on the merits against a party.

Authority: Human Services Article, §9-204; State Government Article, Title 10, Subtitle 2; Annotated Code of Maryland

Effective date: June 18, 2007 (34:12 Md. R. 1067)