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10.01.02.00.htm 10.01.02.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 01 PROCEDURES Chapter 02 Procedures for Public Hearings Authority: Health-General Article, §2-104(b) Annotated Code of Maryland
10.01.02.01.htm 10.01.02.01. 01 Scope.. A. This chapter applies to hearings the Secretary conducts to gather information from the general public before making a decision or taking an action such as adopting a regulation or issuing a license, certificate, or permit.B. This chapter does not apply to contested case hearings or any hearing where the purpose is other than to gather information from the public at large or from a person with a specific interest in the issue.
10.01.02.02.htm 10.01.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Department" means the Department of Health and Mental Hygiene.. 2) "Hearing" means a formal meeting, properly published and convened, the sole purpose of which is to gather information from the public at large, or other group or person as required by law, before making a decision or taking an action.3) "Hearing examiner" means the Secretary of Health and Mental Hygiene or t
10.01.02.03.htm 10.01.02.03. 03 Notice of Hearing.. A. The Department shall publish a notice of the hearing in the Maryland Register and any other publication required by law.B. The Department shall include in any published or circulated notice of the hearing:. 1) The time of the hearing;. 2) The place of the hearing, giving the street address, floor, and designated room;. 3) The purpose of the hearing;. 4) A statement that the Department will make reasonable accommodation for individuals with disabilit
10.01.02.04.htm 10.01.02.04. 04 Testimony.. A. The hearing examiner shall give all persons present who wish to testify an opportunity to do so but may limit repetitious testimony.B. The right of cross-examination is not applicable to hearings under this chapter.. C. The hearing examiner may:. 1) Allow questions from the audience;. 2) Take questions from the audience and redirect the questions to others present at the hearing;. 3) Ask questions of anyone present at the hearing; and.
10.01.02.05.htm 10.01.02.05. 05 Oaths and Affirmations.. The formality of an oath may be dispensed with unless the hearing examiner believes the oath gives some assurance of veracity, formality, or decorum to the hearing.
10.01.02.06.htm 10.01.02.06. 06 Conduct and Control of Hearing.. A. The hearing examiner shall determine the conduct of the hearing, including:. 1) The order of presentation; and. 2) Time limits for questions and testimony.. B. The hearing examiner may:. 1) Order a person who engages in disruptive behavior, such as waving a sign or placard or shouting or jeering, that interferes with the orderly conduct of the hearing, to be removed from the hearing;2) Request police assistance to assure or restore order; and.
10.01.02.07.htm 10.01.02.07. 07 The Transcript.. A. At the Department's discretion, the Department or a court reporter service shall stenographically record verbatim or tape record the hearing.B. If a court reporter service records the hearing:. 1) The Department shall arrange for the court reporter service to retain the tape recording or stenographic recording for 1 year following the final decision or action; and2) A person who desires a copy of the transcript may purchase a copy from t
10.01.02.08.htm 10.01.02.08. 08 The Record.. A. The hearing examiner controls the record.. B. The hearing examiner shall assemble a record that consists of all of the following:. 1) Exhibits and documents entered into the record, such as:. a) Proposed regulations or applications for licenses, certificates, or permits,. b) Documentation of public notification of the hearing, and. c) Relevant supporting and opposing documentation obtained before, during, and subsequent to the hearing;2) The register of all pe
10.01.02.09.htm 10.01.02.09. 09 Postponement and Continuance.. The hearing examiner has sole discretion over:. A. Postponement or continuance of the hearing; and. B. Keeping the record open beyond the date of the hearing..
10.01.02.9999.htm 10.01.02.9999. Administrative History Effective date: December 1, 1970. Chapter revised effective January 23, 1989 (16:1 Md. R. 69). Regulations .01―12 repealed and new Regulations .01―09 adopted effective September 13, 1993 (20:18 Md. R. 1429)
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