Sec. 02.05.01.06. Public Hearing

A. Within 90 days of receiving a complete application, including all expert reports required or requested by the Attorney General, the Attorney General shall hold a public hearing in the jurisdiction in which the hospital to be acquired by the transferee is located. If the acquisition involves hospitals in more than one jurisdiction, the Attorney General shall hold at least one public hearing in each jurisdiction in which a hospital to be acquired by the transferee is located.

B. The hearing shall be quasi-legislative and not a contested case hearing.

C. Notice of all hearings shall be published in accordance with State Government Article, §6.5-202, Annotated Code of Maryland.

D. The transferee is responsible for all reasonable costs related to the public hearings.

E. The Attorney General shall determine the conduct of the hearing, including:

(1) The order of presentation; and

(2) Time limits for questions and testimony.

F. The Attorney General may:

(1) Request the attendance of persons to testify or the production of documents;

(2) Issue a subpoena requiring the:

(a) Attendance of persons to testify; or

(b) Production of documents;

(3) Employ related discovery procedures;

(4) Request that the Department join the Attorney General in presiding at the hearing;

(5) Require testimony to be given under oath;

(6) Ask questions of anyone present at the hearing;

(7) Take questions from the audience and redirect the questions to others present at the hearing; and

(8) Record the hearing by audiotape or stenographic means.

G. Recorded Hearings.

(1) If the hearing is recorded, the Office of the Attorney General or the Attorney General's designee shall maintain the original audiotape or stenographic record.

(2) The transferee shall be responsible for the cost of transcribing the record and providing a copy of the record to the:

(a) Transferee;

(b) Transferor; and

(c) Attorney General.

H. The rules of evidence do not apply to a hearing held under this chapter.

I. The Attorney General shall receive and mark all exhibits offered at the hearing if they are relevant to the hearing.

J. The Attorney General shall control and maintain custody of the hearing record, which shall consist of:

(1) The complete application;

(2) Notice of all hearings;

(3) Exhibits and other documents entered into the record as approved by the Attorney General;

(4) The register of all persons who participated in the hearing;

(5) Any audiotape of the hearing;

(6) Any transcript of the hearing; and

(7) The final decision of the Attorney General.