- A. An individual who has served as prosecutor in an adjudicative proceeding may not serve as hearing examiner or assist or advise a hearing examiner in the same adjudicative proceeding.
- B. A person who has participated in a determination of probable cause or other equivalent preliminary determination in an adjudicative proceeding may serve as hearing examiner or as a final decision maker, or may assist or advise a hearing examiner or final decision maker in the same adjudicative proceeding, unless a party demonstrates grounds for disqualification in accordance with Regulation .10.
- C. A person is not disqualified from serving as a hearing examiner or final decision maker at an adjudicative proceeding because of participation at a prior nonadjudicative proceeding involving the same matter.
Authority: Environment Article, §1-404; State Government Article, §10-204; Annotated Code of Maryland
Effective date: July 31, 1973
Chapter recodified from COMAR 10.01.03 to COMAR 26.01.02
Regulations .01—.10 repealed effective October 16, 1989 (16:20 Md. R. 2183)
Regulations .01—.39 adopted effective October 16, 1989 (16:20 Md. R. 2183)
Regulation .05C adopted effective April 29, 1991 (18:8 Md. R. 864)