31.02.01.07

.07 Conduct of Hearing — In General.

A. Scope. This regulation applies to all hearings except a hearing on a proposed examination report.

B. A hearing conducted under this chapter shall be open to the public.

C. Parties to Contested Case Proceeding.

(1) The necessary parties to a contested case proceeding are:

(a) The Administration;

(b) A person against whom the Commissioner has:

(i) Received an administrative complaint; or

(ii) Issued a charging document, order, or notice; and

(c) A person who requests a hearing due to being aggrieved by:

(i) A determination made by the Commissioner; or

(ii) Any other act of, threatened act of, or failure to act by the Commissioner.

(2) A person who is not a necessary party under §C(1) of this regulation, including a person who submitted an administrative complaint to the Commissioner, may become a party by intervention in accordance with Insurance Article, §2-213(c), Annotated Code of Maryland.

(3) Election by Administration Not to Participate.

(a) The Administration may elect not to participate in all or part of a contested case proceeding by filing a notice with the hearing officer or final decision maker at any time.

(b) The Administration may revoke an election not to participate in all or part of a contested case proceeding by filing a notice with the hearing officer or final decision maker at any time.

D. The hearing officer shall conduct the hearing and may allow the case to proceed in a manner necessary to ensure the fair resolution of the issues including, but not limited to, placing reasonable limitations on the number of witnesses a party may call and the exclusion of evidence which is repetitive, irrelevant, immaterial, or otherwise not probative. The Maryland Rules of Civil Procedure may be used as a guide for resolving procedural issues regarding the conduct of the hearing.

E. The hearing officer shall rule on all procedural matters, including motions, objections, and offers of proof.

F. The Commissioner may designate an attorney to represent the Administration. Once the hearing is closed by the hearing officer, the individual presenting the case on behalf of the Administration may not have a further role in the decision process of the Administration.

G. Motion for Summary Decision.

(1) A party may move for summary decision on any appropriate issue in the case.

(2) A hearing officer may grant a proposed or final summary decision if the hearing officer finds that:

(a) There is no genuine issue of material fact; and

(b) A party is entitled to prevail as a matter of law.