02.01.02.13

.13 Prehearing Conferences.

A. Hearings Before the Chief.

(1) In hearings before the Chief, any prehearing conferences shall be conducted as provided in §A(2)—(7) of this regulation.

(2) If appropriate, the Agency may hold a prehearing conference to resolve matters preliminary to the hearing.

(3) The Agency may require the parties to submit information before the prehearing conference.

(4) A prehearing conference may be convened to address the following matters:

(a) Issuance of subpoenas;

(b) Factual and legal issues;

(c) Stipulations;

(d) Requests for official notice;

(e) Identification and exchange of documentary evidence;

(f) Admissibility of evidence;

(g) Identification and qualification of witnesses;

(h) Motions;

(i) Discovery disputes;

(j) Order of presentation;

(k) Scheduling;

(l) Alternate dispute resolution; and

(m) Any other matters that will promote the orderly and prompt conduct of the hearing.

(5) Except as otherwise indicated in this chapter, at the discretion of the Agency, all or part of a prehearing conference may be recorded.

(6) Prehearing Orders.

(a) Unless otherwise stated in this chapter, when a prehearing conference has been held, the Agency shall issue a prehearing order.

(b) The Agency shall set forth in the prehearing order the actions taken or to be taken with regard to any matter addressed at the prehearing conference.

(c) If a prehearing conference is not held, the Agency may issue a prehearing order to regulate the conduct of the proceedings.

(d) The prehearing order shall be a part of the case record.

(7) If, after notice is given, a party fails to attend a prehearing conference, that party is bound by the Agency's prehearing order.

B. In hearings delegated to the Office, COMAR 28.02.01.17 governs any prehearing conferences.