Sec. 10.02.03.06. Hearing Procedures

A. The appellant and the Division shall have the opportunity to present witnesses, documentary evidence, and oral and written argument, and to cross-examine all adverse witnesses.

B. If the appellant wishes to call as witnesses any of the Division's current employees, or former employees who reside within the State, whose action or inaction is being contested by the appellant or whose testimony is, in the judgment of the appellant, relevant to the issues under consideration, the Office of Administrative Hearings shall require their presence at the hearing. If the appellant has knowledge of the names or other identifying descriptions of the employees before the hearing, the appellant shall supply the Office of Administrative Hearings with the names or other identifying descriptions at least 5 days before the hearing. Subpoenas may be issued under COMAR 28.02.02.11.

C. If the Division introduces, as evidence, documents from the case record, special investigation file, or other sources, the appellant shall have the opportunity to examine persons who prepared the documents and to examine the case record or special investigation file for the purpose of discovering information favorable to his case. If these persons are no longer employees of the Division, the appellant shall be permitted to examine a Division representative familiar with the documents and applicable Division policies.