Sec. 09.12.71.01. Procedure for Public Hearings  


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  • A. The Commissioner of Labor and Industry, or the Commissioner's designee, shall be the hearing officer.

    B. The hearing officer shall:

    (1) Call the title of the case;

    (2) Briefly explain the purpose and nature of the hearing;

    (3) Administer the oath to all persons who are summoned or intend to testify; and

    (4) Receive any stipulations entered into by the parties.

    C. Counsel or any party may address any preliminary matter, exception, or motion.

    D. The following exhibits shall be introduced:

    (1) If the hearing officer is the Commissioner's designee, a copy of the letter designating the individual to preside at the hearing;

    (2) A copy of the petition, complaint, or other matter involved in the hearing; and

    (3) A copy of the notice of hearing sent to each party.

    E. Subject to applicable statutes and rules governing the practice of law, each party or counsel representing a party may:

    (1) Call witnesses;

    (2) Offer evidence, including rebuttal evidence;

    (3) Cross-examine witnesses; and

    (4) Present argument and summation.

    F. The hearing officer may question any witness.

    G. The rules of evidence of the Administrative Procedure Act--Contested Cases, State Government Article, § 10-208, Annotated Code of Maryland, shall apply.

    H. The hearing officer's decision shall include:

    (1) Findings of fact based on the evidence presented;

    (2) Conclusions of law applying the law to the factual findings; and

    (3) An order disposing of the case.

    I. The hearing officer shall promptly deliver or mail a copy of the decision to each party or the party's attorney of record.