10.38.05.10

.10 Evidentiary Hearings.

A. Hearings shall be conducted pursuant to the Administrative Procedure Act.

B. The Board may delegate its authority to conduct hearings to:

(1) A hearing committee of the Board; or

(2) The Office of Administrative Hearings.

C. Confidentiality.

(1) Hearings are not open to the public.

(2) All records, including the hearing committee’s decision and the administrative law judge’s recommended decision, are confidential and sealed.

D. Record. The Board shall prepare an official record of hearings which shall include all:

(1) Pleadings;

(2) Testimony;

(3) Exhibits; and

(4) Other memoranda or material filed in the proceeding.

E. Transcript.

(1) Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board.

(2) The stenographic record may not be transcribed, unless requested by a party or by the Board.

(3) The cost of any typewritten transcripts of any proceedings, or parts of the transcript, shall be paid by the party requesting the transcript.

F. Presiding Officer.

(1) The presiding officer shall:

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

(b) Take action to avoid unnecessary delay in the disposition of the proceedings;

(c) Maintain order; and

(d) Adjourn or recess the hearing from time to time.

(2) The presiding officer has the power to regulate the course of the hearing and the conduct of the parties, including the power to:

(a) Permit the examination of witnesses;

(b) Rule on offers of proof and admit relevant and material evidence;

(c) Consider and rule upon motions;

(d) Grant a continuance or postponement;

(e) Determine the order in which the parties shall present their cases;

(f) Limit unduly repetitious testimony;

(g) Reasonably limit the time for presentation; and

(h) Issue orders as necessary to:

(i) Secure procedural simplicity and administrative fairness; and

(ii) Eliminate unjustifiable expense and delay.

G. Examination of Witnesses and Introduction of Evidence.

(1) The rules of evidence in State Government Article, §10-213, Annotated Code of Maryland, apply to hearings before the Board.

(2) A party may:

(a) Submit evidence;

(b) Examine and cross-examine witnesses; and

(c) File objections, exceptions, and motions.

(3) If a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

(4) The presiding officer, or a person designated by the presiding officer for that purpose, may examine a witness called by a party.

(5) The presiding officer may call as a witness a person necessary to ensure a full and complete record.

(6) Any Board member may examine any witness.

H. Briefs.

(1) A party may submit a brief on the issues of fact and law involved in the hearing.

(2) The presiding officer may designate:

(a) The form of the brief;

(b) The number of copies to be submitted; and

(c) The date and time of submission.

(3) The Board may refuse to consider a brief that is not timely filed or fails to conform to requirements imposed by the presiding officer.

I. If a party who is the respondent in the proceedings fails to appear at a hearing after due notice, the Board may:

(1) Reschedule the hearing; or

(2) In the Board’s discretion, proceed upon the investigation, report, documents, witnesses, and records before it.

J. Any testimony taken by the Board shall be taken under oath.

K. Decision and Order.

(1) A decision and order rendered by the Board shall:

(a) Be in writing; and

(b) Include the findings of fact and conclusions of law.

(2) 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.

(3) The findings of fact, conclusions of law, and order shall be retained as a permanent record by the Board.

L. Judicial Review.

(1) A party who is aggrieved by a final decision of the Board under Health Occupations Article, §13-316, Annotated Code of Maryland, may seek judicial review of the Board’s decision.

(2) The judicial review shall be in accordance with the provisions of State Government Article, §§10-222—10-223, Annotated Code of Maryland.

M. Rehearings.

(1) Within 10 days after service on a party of the decision of the Board, the party may apply to the Board for rehearing.

(2) The application shall state the grounds for rehearing.

(3) The Board shall grant or deny the application within 20 days of its submission to the Board.

(4) Unless otherwise ordered, neither the rehearing nor the application for rehearing shall:

(a) Stay the enforcement of the order; or

(b) Excuse the persons affected by the order for failure to comply with the terms of the order.

(5) At a rehearing, the Board shall only consider facts not presented in the original proceeding, including facts arising after the date of the original proceeding.

(6) By new order, the Board may abrogate, change, or modify its original order.