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26.01.01.00.htm 26.01.01.00. Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 01 GENERAL PROVISIONS Chapter 01 Procedures for Hearings of Regulations Authority: State Government Article, §10-204, Annotated Code of Maryland
26.01.01.01.htm 26.01.01.01. 01 Definition.. Hearing officer" means the Secretary of the Environment, or his designee, and may include that employee of the Department of the Environment appointed by the Secretary to conduct hearings.
26.01.01.02.htm 26.01.01.02. 02 Notice of Hearing.. Published or circulated notice of the hearing shall contain:. A. The time of the hearing, if required;. B. The place of the hearing, giving the street address, floor, and designated room;. C. The purpose of the hearing, in clear, intelligible language;. D. If necessary, reference to the particular statute which gives authority for the hearing and the proposed regulation.
26.01.01.03.htm 26.01.01.03. 03 Hearings Open to the Public.. A. Hearings generally are open to the public although executive sessions are permissible. Regulations affecting the public at large may not be adopted in executive session.B. If a series of hearings is to be held on the same day, the schedule should be arranged at staggered periods, with brief intervals in between. Requests for adjournments or postponements will be granted only for due cause.C. Certain evidence may be presented in executive
26.01.01.04.htm 26.01.01.04. 04 Representation of Parties.. A. Parties have a right to appear without or with counsel. This may include representation by non-lawyers in quasi-legislative hearings.B. Parties should bring all pertinent records, documents, and other pertinent matter.. C. Parties may be accorded the right of cross-examination if it is relevant and material to the issues at hand. The right of cross-examination is not generally applicable to agencies conducting quasi-legislative type hearings.
26.01.01.05.htm 26.01.01.05. 05 Inspection of Files.. A. As a general principle, the files of a State agency are public records and may be inspected by interested parties to the hearing.B. There may be exceptions:. 1) If information is confidential;. 2) If testimony is presented in executive session;. 3) Under those imposed conditions set forth in State Government Article, Title 10, Subtitle 5, Part III, Annotated Code of Maryland, which generally provides for the inspection of public records.
26.01.01.06.htm 26.01.01.06. 06 Oaths and Affirmations.. The formality of an oath may be dispensed with unless:. A. An oath is required by law (see Environment Article, §2-605(e) Annotated Code of Maryland) or. B. The oath gives some assurances of veracity, formality, or decorum to the hearing..
26.01.01.07.htm 26.01.01.07. 07 Order of Proof.. A. The requesting agency has the affirmative and is examined first, or explains the regulation. Affirmative witnesses are followed by the aggrieved parties, if any, and their witnesses. The requesting agency shall be permitted to rebut their testimony. All parties may be subject to appropriate cross-examination, depending on the type of hearing.B. Motions to dismiss or strike out testimony are superfluous in administrative hearings and should not be entertained.
26.01.01.08.htm 26.01.01.08. 08 Conduct and Control of Hearing.. A. Each party should be afforded an adequate opportunity to present his case.. B. The strict rules of evidence are generally inapplicable to administrative hearings.. C. The hearing officer may exclude disorderly persons from the hearing.. D. The hearing officer shall receive and mark all exhibits and documents received in testimony, if they are relevant to the case.
26.01.01.09.htm 26.01.01.09. 09 The Record.. A. All hearings should be recorded.. B. An accurate and complete transcript of the hearing shall be made.. C. The record should always indicate clearly who is talking.. D. Exhibits should be clearly marked. Other papers should be described for the record.. E. When questions arise as to admission of testimony and evidence, they should be admitted and the opposite party should be allowed to express his views concerning the admission.
26.01.01.10.htm 26.01.01.10. 10 Copies of the Record.. A. The record should be generated in a minimum of three copies (one original and two carbons) and should be filed as follows:1) Original―Office of the Secretary of the Environment for filing by the regulations coordinator;. 2) First carbon―Office of the principal program director concerned;. 3) Second carbon―Office of the Counsel of the Department of the Environment.. B. Additional copies of the record may be generated and furnished to respon
26.01.01.11.htm 26.01.01.11. 11 Subpoenas.. A. Subpoenas should only be issued when necessary and the law governing the issuance of subpoenas will be followed in each individual case, including but not limited to, any procedure that may be established by the Administrative Procedure Act.B. They may be omitted when an ordinary notice of hearing will suffice.. C. It is sufficient to state in the notice of hearing that upon failure to attend, the matter may be decided upon testimony of parties present.
26.01.01.12.htm 26.01.01.12. 12 The Decision.. A. The final decision may be delayed, depending upon the subject matter, unless policy indicates otherwise. The decision, however, should be rendered as rapidly as possible.B. The decisions generally should consist of the following, unless policy indicates otherwise:. 1) A statement of the issues involved, parties, and findings of fact based upon the record;. 2) The conclusion, based upon the facts and the action to be taken; for the most part, the conclusio
26.01.01.13.htm 26.01.01.13. 13 Postponement or Continuance.. A. The granting of postponement or continuance of a hearing may be within the discretion of the hearing officer depending upon the availability of witnesses, illness, attorneys, agreements or stipulations, and, for the most part, good and sufficient reason.B. If a hearing falls within the category of adversary or quasi-judicial, it is reasonable to require the appellant or claimant, or his legal representative, to submit reasons
26.01.01.9999.htm 26.01.01.9999. Administrative History Effective date: December 1, 1970. Chapter recodified from COMAR 10.01.02 to COMAR 26.01.01.
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