02.01.02.15

.15 Powers and Duties of the Individual Conducting Hearing.

A. Duties of the Chief. In hearings before the Chief, the Chief shall:

(1) Conduct a full, fair, and impartial hearing;

(2) Take action to avoid unnecessary delay in the disposition of the proceeding; and

(3) Maintain order.

B. Powers of the Chief. In hearings before the Chief, the Chief has the power to regulate the course of the hearing and the conduct of the parties and authorized representatives, including the power to:

(1) Administer oaths and affirmations;

(2) Issue subpoenas for witnesses and the production of evidence;

(3) Rule upon offers of proof and receive relevant and material evidence;

(4) Consider and rule upon motions;

(5) Admit affidavits and other hearsay as evidence, unless there are nonhearsay reasons why the evidence should be excluded;

(6) Examine and call witnesses as necessary to ensure a full and complete record;

(7) Limit unduly repetitious testimony and reasonably limit the time for presentations;

(8) Grant a continuance or postponement;

(9) Modify or waive, reasonably, any time periods established by this chapter;

(10) Request parties to submit legal memoranda and proposed findings of fact and conclusions of law;

(11) Make proposed or final decisions, as authorized, and take any other appropriate actions authorized by law;

(12) Issue orders necessary to secure procedural simplicity and administrative fairness, and to eliminate unjustifiable expense and delay;

(13) Conduct the hearing in a manner suited to ascertain the facts and safeguard the rights of the parties to the hearing; and

(14) Impose appropriate sanctions for failure to abide by these regulations or any lawful order of the individual conducting the hearing.

C. COMAR 28.02.01.11 governs the powers and duties of the Judge in hearings delegated to the Office.