12.09.01.05

.05 Request for Review Hearings.

A. The Board shall conduct a request for review hearing according to State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. The Board shall permit the applicant, or the applicant's attorney, if present:

(1) To present testimony or cross-examine witnesses;

(2) A reasonable time to:

(a) Present evidence;

(b) Offer rebuttal evidence; or

(c) File briefs or other statements or depositions containing relevant information.

C. The Board may receive as evidence a statement, document, information, or matter that in the Board's discretion is relevant and of such a nature as to afford a fair hearing.

D. Representation by Counsel.

(1) An applicant may be represented before the Board by an attorney licensed in the State.

(2) An applicant's attorney shall file with the Board, before the attorney's first appearance, a notice of:

(a) Appearance; and

(b) When appropriate, a notice of substitution.

(3) If an applicant designates an attorney and the attorney has filed with the Board a notice of appearance, that notice remains in effect until:

(a) The applicant files with the Board a written revocation of the attorney's authority;

(b) The attorney files with the Board a written statement of withdrawal;

(c) The attorney states on the record at a Board hearing that the attorney is withdrawing from the case; or

(d) The Board receives notice of the attorney's death or disqualification.

(4) As long as a notice of appearance filed under this regulation is in effect, the Board shall send a copy of a written communication or notice to the applicant's attorney.

E. Hearing Record.

(1) The Board shall record a request for review hearing, but is not required to transcribe the recording unless requested.

(2) An individual requesting a transcript shall pay, in advance, for the cost to transcribe a hearing record.