Sec. 14.30.11.15. Evidence

A. Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.

B. The strict rules of evidence observed by courts do not apply to hearings under this subtitle.

C. The Board, the Executive Director, or the administrative law judge, as appropriate, shall admit evidence, including reliable hearsay evidence, if it is the kind upon which reasonable persons are accustomed to rely in the conduct of serious affairs.

D. Irrelevant or unduly repetitive evidence may be excluded.

E. The Board, the Executive Director, or the administrative law judge, as appropriate, shall observe the rules of privilege recognized by law.

F. Exclusion of Witnesses.

(1) Upon request by a party, the Board, the Executive Director, or the administrative law judge, as appropriate, may exclude witnesses other than parties from the hearing room.

(2) The Board, the Executive Director, or the administrative law judge, as appropriate, may order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness excluded under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness's absence.

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

G. Prefiled Testimony.

(1) In the discretion of the Board, the Executive Director, or the administrative law judge, as appropriate, testimony may be received in written form under oath or by notarized affidavit.

(2) The testimony shall be filed with the Board, the Executive Director, or the administrative law judge, as appropriate, and served on opposing parties so that it is received at least 5 days before the hearing.

H. All testimony at a hearing shall be under oath and subject to the penalties of perjury.