Sec. 07.01.04.10. Hearing Procedures

A. A hearing conducted under this chapter is not open to the public. If the appellant waives the privilege of confidentiality, the administrative law judge may:

(1) Grant the appellant's request to allow a reasonable number of individuals to attend;

(2) Limit the number of individuals at the hearing; and

(3) Cause the removal of any individual whose conduct is detrimental to an orderly hearing.

B. Witnesses.

(1) Upon request by a party, the administrative law judge shall exclude witnesses other than the parties and their representatives from the hearing room, except when testifying.

(2) The administrative law judge shall order the witnesses, parties and their representatives, and all others present not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced in the witness' absence.

(3) An expert witness who is to render an opinion based on testimony given at the hearing may remain during that testimony.

C. Interpreters.

(1) When necessary and upon adequate notice, the agency shall provide an interpreter to assist the appellant during the hearing.

(2) Upon the motion of a party, an administrative law judge may appoint an interpreter to assist the appellant during the hearing.

(3) An administrative law judge shall require any interpreter to take an oath or affirm on the record that the translation or interpretation will be accurate.

D. Presentation of Evidence.

(1) The hearing shall be conducted in accordance with State Government Article, §10-213, Annotated Code of Maryland.

(2) Each party may:

(a) Present witnesses, affidavits, documentary evidence, and oral argument;

(b) Cross-examine any adverse witness; and

(c) Examine all documents introduced in the hearing.

(3) An administrative law judge may admit probative evidence that reasonable and prudent individuals commonly accept in the conduct of their affairs and give effect to that evidence.

(4) Evidence may not be excluded solely on the basis that it is hearsay.

(5) In a hearing concerning an intentional program violation, the administrative law judge:

(a) Shall advise the individual or representative that the individual may refuse to answer questions during the hearing; and

(b) May not introduce into the hearing record or rely on the following in making a decision:

(i) Confidential information that is protected from release, or

(ii) Other documents or records that the appellant is not able to contest or challenge.

E. Telephone and Electronically Conducted Hearings.

(1) If a party does not object, an administrative law judge may conduct all or part of a hearing by telephone, video, or other electronic means.

(2) All substantive and procedural rights shall apply, subject only to the limitations of the physical arrangement.

(3) Unless waived by the parties, documentary evidence to be offered shall be sent to all parties and the administrative law judge at least 6 calendar days before the hearing.

(4) The following may be considered a failure to appear:

(a) Failure on two occasions not less than 15 minutes apart to:

(i) Answer the telephone, or

(ii) Free the telephone for a hearing; or

(b) Any other failure to be ready to proceed with the hearing as scheduled.

F. All hearings shall be recorded.

G. The appellant may be represented by a lawyer, relative, friend, or other individual.

H. The agency shall be represented by an individual designated by the agency.

I. Newly Produced Evidence. If the appellant seeks to introduce evidence having a bearing on the issue to be decided that the appellant has not previously presented to the agency, the administrative law judge may, at the request of the agency, grant a continuance or postponement to allow the agency to review the newly produced evidence.

J. Additional Medical Assessment. If the hearing involves medical issues, the administrative law judge may, if necessary, require and receive as part of the administrative record further medical assessment at the agency's expense.

K. Group Hearing. In a group hearing, OAH shall:

(1) Follow the procedure applicable to an individual hearing; and

(2) Permit each individual appellant to be represented and to present a case.