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20.07.02.00.htm 20.07.02.00. Title 20 PUBLIC SERVICE COMMISSION Subtitle 07 PRACTICE AND PROCEDURE Chapter 02 Hearings and Investigations Authority: Public Utilities Article, §2-112, 2-113, 2-115, 2-121, 3-101, 3-104, 3-109, 3-113, and 3-114, Annotated Code of Maryland
20.07.02.01.htm 20.07.02.01. 01 Stipulations.. The parties to a hearing, investigation, or other proceeding before the Commission may, by stipulation in writing filed with the Commission, agree upon the facts or any of the facts involved therein, which stipulation, if filed, shall be regarded and used as evidence at the hearing, investigation, or other proceeding. The Commission may, nevertheless, require such additional evidence as it may deem necessary.
20.07.02.02.htm 20.07.02.02. 02 Character of Testimony.. Except when stipulations are filed, the witnesses whose testimony may be desired at a hearing, investigation, or proceeding before the Commission, or before a Commissioner or hearing examiner as authorized by Public Utilities Article, §3-104, Annotated Code of Maryland, shall testify orally and under oath, unless the Commission, Commissioner, or hearing examiner for good cause shown deems it proper in special cases that written evidence, under af
20.07.02.03.htm 20.07.02.03. 03 Subpoenas.. A. Subpoenas for witnesses may be signed and issued by the Secretary or by the Commission or a Commissioner, and may be served by any person of full age designated by the Commission, or by a Commissioner or the Secretary, or through the sheriff's office of any city or county of the State.B. The Commission may cause subpoenas and subpoenas duces tecum to be issued upon its own motion, or upon the application of any party to a hearing or investigation, but subpo
20.07.02.04.htm 20.07.02.04. 04 Evidence.. A. The complainant should in all cases establish the facts alleged to constitute a violation of the law, unless the defendant admits the same or fails to answer the complaint. Upon request by the complainant, the Commission may assign counsel to appear for him or them, in conformity with Chapter 563 of the Acts of the General Assembly of Maryland, 1912. The defendant shall also give evidence of the facts alleged in the answer, unless admitted by
20.07.02.05.htm 20.07.02.05. 05 Documentary Evidence.. In all cases when documentary evidence is offered, the Commission, in its discretion, in lieu of requiring the originals to be filed, may accept true copies of the evidence or of such parts of it as may be relevant, or may require the evidence to be transcribed as part of the record.
20.07.02.06.htm 20.07.02.06. 06 Briefs.. A. The Commission or presiding officer may, whenever it deems desirable, require the filing of printed or typewritten briefs on behalf of any party or parties to an investigation, hearing, or other proceeding, and may fix the time for the filing of the briefs. Concurrent briefs are preferable. The briefs shall contain an abstract of the evidence and also the arguments relied on by the party or parties filing them.B. A brief may not exceed 50 pages in length if pr
20.07.02.07.htm 20.07.02.07. 07 Adjournments and Extensions.. The Commission may, either upon its own motion or upon application, adjourn all hearings from time to time and may grant such extensions of time for compliance with its orders or other acts, as it may deem proper, provided that no requirement of law be violated by the extension, and that this section may not apply to extensions of time for filing reports.
20.07.02.08.htm 20.07.02.08. 08 Rehearings.. A. Applications for reopening a cause after final submission, or for rehearing after final order, shall be made by petition in writing, stating specifically the grounds upon which the application is based.B. If the application is to reopen the cause for further evidence, the nature and purpose of the evidence shall be stated, and may not be merely cumulative.C. If the application is for a rehearing, the petition shall specify the findings of fact or of law
20.07.02.09.htm 20.07.02.09. 09 Investigations on the Commission's Own Motion.. A. In every case in which the Commission is authorized by the Public Utilities Article, Annotated Code of Maryland, to make investigations on its own motion, it may, if it deems proper, conduct its investigations ex parte and without notice to the person or persons concerned.B. If the Commission conducts an ex parte investigation, before passing any final order the Commission shall formulate a complaint, setting forth full
20.07.02.10.htm 20.07.02.10. 10 Investigations at Corporation's Request.. In all cases in which the Commission, at the request of or complaint of a corporation subject to the provisions of the Public Utilities Article, Annotated Code of Maryland, may undertake an investigation with a view to granting to the corporation any application which the corporation may be authorized under the law to make, the Commission may, in its discretion, give all other persons or corporations who may be affected b
20.07.02.11.htm 20.07.02.11. 11 Special Requirements.. The provisions in this regulation as to hearings and investigations may not be taken to affect any further or additional provisions or requirements which may be prescribed in these regulations for special cases.
20.07.02.12.htm 20.07.02.12. 12 Examination of Witnesses.. In a proceeding involving an application by a public service company seeking authority of the Commission to increase rates and charges for the utility service and when the direct testimony of witnesses has been pre-filed with the Commission and the intervening parties to the proceeding not less than 10 days before the scheduled appearance of witnesses at a hearing, cross-examination shall be limited to a maximum of 30 minutes per witness per inte
20.07.02.13.htm 20.07.02.13. 13 Appeals From Proposed Orders of Hearing Examiners.. A. A party noting an appeal to the Commission from a Proposed Order of Hearing Examiner shall, within 10 days after filing a Notice of Appeal, file with the Commission, and serve on all other parties, a Memorandum on Appeal. A Reply Memorandum may be filed in response to a Memorandum on Appeal within 20 days after the date of the filing of the Memorandum on Appeal. Further response will not be entertained unless the Commi
20.07.02.9999.htm 20.07.02.9999. Administrative History Effective date: August 15, 1910. Revised effective May 8, 1911, May 3, 1912, and October 19, 1915. Regulations .06D and .13C amended effective May 10, 1982 (9:9 Md. R. 911). Regulations .09 and .10 amended effective January 23, 1981 (8:2 Md. R. 118) ― Annotation: COMAR 20.07.02.08 cited in Radio Communications, Inc. v. Public Service Commission of Maryland, et al. 50 Md. App. 422 (1981)
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