Skip to Main Content
<< Back | Return to Main COMAR Search Page

14 records match your request.

FileAbstract
10.27.02.00.htm 10.27.02.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 27 BOARD OF NURSING Chapter 02 Hearing Procedures Authority: Health Occupations Article, §8-205(a)1) Annotated Code of Maryland
10.27.02.01.htm 10.27.02.01. 01 Scope.. These regulations apply only to formal hearings before the Board based on charges or notices of proposed action issued pursuant to Health Occupations Article, §8-316, 8-404, 8-6A-10, or 8-6B-18, Annotated Code of Maryland.
10.27.02.01-1.htm 10.27.02.01-1. 01-1 Notice of Hearing.. A. The Board shall send written notice of the hearing to all interested parties at least 30 days before the hearing.B. The Board shall notify the parties of:. 1) The date, time, and place of the hearing;. 2) A clear and concise statement of the facts asserted; and. 3) The charges alleged.. C. If the facts cannot be stated in detail when the notice is given, the Board shall state the issues involved.
10.27.02.01-2.htm 10.27.02.01-2. 01-2 Prehearing Conferences.. The Board may set prehearing conferences as it considers appropriate..
10.27.02.01-3.htm 10.27.02.01-3. 01-3 Discovery.. A. Discovery on Request. By written request served on other parties and filed with this Board, a party may require another party to produce, within 15 calendar days:1) A list of witnesses to be called; and. 2) Copies of documents intended to be produced at the hearing.. B. Mandatory Discovery.. 1) Each party shall provide to the other party the name and curriculum vitae of any expert witness who will testify at the hearing not later than 15 d
10.27.02.02.htm 10.27.02.02. 02 Representation.. A. A party appearing at a formal hearing has the right to appear in proper person or by or with counsel. A party has the right to be accompanied, represented, and advised by counsel.B. Unless authorized to practice law in this State, a counsel may not represent a party before the Board.
10.27.02.03.htm 10.27.02.03. 03 Records and Transcript.. A. The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.B. Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part of a proceeding, shall b
10.27.02.04.htm 10.27.02.04. 04 Presiding Officer Duties.. A quorum of the Board shall be present for each formal hearing. The president, or the president's designee, is the presiding officer, and has complete charge of the hearing, permitting the examination of witnesses, admitting evidence, ruling on the admissibility of evidence, and adjourning or recessing the hearing from time to time.
10.27.02.05.htm 10.27.02.05. 05 Order of Procedure.. The order in which the parties shall present their case shall be determined by the presiding officer.
10.27.02.06.htm 10.27.02.06. 06 Examination of Witnesses and Introduction of Evidence.. A. The rules of evidence in all hearings under these bylaws are 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. However, when a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, excepti
10.27.02.07.htm 10.27.02.07. 07 Briefs.. Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time that the presiding officer designates.
10.27.02.08.htm 10.27.02.08. 08 Request for Office of the Attorney General Counsel.. The Board may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel is entitled to submit evidence and question witnesses on behalf of the Board as permitted by State Government Article, §10-213, Annotated Code of Maryland.
10.27.02.09.htm 10.27.02.09. 09 Decision and Order.. The Board shall render every decision and order in writing, which shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or the party's attorney of record.
10.27.02.9999.htm 10.27.02.9999. Administrative History Effective date: September 30, 1973. Regulation .01-1 adopted effective November 23, 1981 (8:23 Md. R. 1857). Regulations .01 and .01-1 recodified to .01-1 and .01-2, respectively, and Preface recodified to Regulation .01 Scope, July 1991Regulation .01 amended effective July 3, 1995 (22:13 Md. R. 967) March 14, 2005 (32:5 Md. R. 580). Regulation .01-1 repealed and new Regulation .01-1 adopted effective July 3, 1995 (22:13 Md. R. 967).
<< Back | Return to Main COMAR Search Page