Sec. 14.35.10.08. Conduct of Hearing — In General

A. Scope. This regulation applies to all hearings conducted by or on behalf of the Exchange.

B. A hearing conducted under this chapter shall be open to the public, unless otherwise required by law.

C. Parties to Contested Case Proceeding.

(1) The necessary parties to a contested case proceeding are:

(a) The Exchange; and

(b) A person who requests a hearing due to being aggrieved by:

(i) A determination made by the Board; or

(ii) Any other act of or failure to act by the Board, involving an authorization or a certification issued by the Exchange.

(2) Not later than 15 calendar days before the earlier of the prehearing conference or the hearing date, a person who is not a necessary party under §C(1) of this regulation may seek to become a party by intervention by filing a motion to intervene, which shall state:

(a) The basis for considering intervention to be timely; and

(b) How the financial interests of the person will be directly and immediately affected by an order of the Board resulting from the hearing.

D. The hearing officer shall conduct the hearing and may allow the case to proceed in a manner necessary to ensure the fair resolution of the issues including, but not limited to, placing reasonable limitations on the number of witnesses a party may call and the exclusion of evidence which is repetitive, irrelevant, immaterial, or otherwise not probative. The Maryland Rules of Civil Procedure may be used as a guide for resolving procedural issues regarding the conduct of the hearing.

E. The hearing officer shall rule on all procedural matters, including motions, objections, and offers of proof.

F. The Board may designate an attorney to represent the Exchange. Once the hearing is closed by the hearing officer, the individual presenting the case on behalf of the Exchange may not have a further role in the decision process of the Exchange.

G. Motion for Summary Decision.

(1) A party may move for summary decision at any time on any appropriate issue in the case.

(2) A hearing officer may grant a proposed or final summary decision if the hearing officer finds that:

(a) There is no genuine issue of material fact; and

(b) A party is entitled to prevail as a matter of law.

H. Motion to Dismiss. Upon motion, the hearing officer may issue a proposed or final decision dismissing an initial pleading which fails to state a claim for which relief may be granted.

I. Motion for Judgment.

(1) A party may move for judgment on any or all of the issues in any action at the close of the evidence offered by an opposing party. The moving party shall state all reasons why the motion should be granted. No objection to the motion for judgment shall be necessary. A party does not waive the right to make the motion by introducing evidence during the presentation of any opposing party's case.

(2) When a party moves for judgment at the close of the evidence offered by an opposing party, the hearing officer may:

(a) Proceed to determine the facts and to render judgment against an opposing party; or

(b) Decline to render judgment until the close of all evidence.

(3) A party who moves for judgment at the close of the evidence offered by an opposing party may offer evidence if the motion is not granted, without having reserved the right to do so and to the same extent as if the motion had not been made. In so doing, the party withdraws the motion.