Sec. 19a.01.03.09. Prehearing Process

A. Discovery and Disclosure.

(1) The respondent has the right to inspect and to copy any document that is accessible under the Maryland Public Information Act, General Provisions Article, §§4-101-4-601, Annotated Code of Maryland, as set forth in COMAR 19A.01.01.04.

(2) If a prehearing conference is not held, the respondent and the staff counsel shall submit to the general counsel, at least 10 working days before the scheduled date of the hearing:

(a) A proposed list of their witnesses and possible documentary evidence to be introduced at the hearing; and

(b) An estimate of the anticipated length of the presentation of their case.

(3) The Chairman may prohibit the introduction of documentary or testimonial evidence not disclosed before the hearing as provided in §A(2) of this regulation.

B. Prehearing Conferences.

(1) In its discretion, the Commission may direct the Chairman or another designated member to conduct a prehearing conference in any matter scheduled for a hearing pursuant to Regulation .07 of this chapter, either on the initiative of the Commission or at the request of the staff counsel or the respondent.

(2) Notice shall be provided to the staff counsel and respondent of the date, time, and place of a prehearing conference called pursuant to §B(1) of this regulation, as set forth in Regulation .02F of this chapter.

(3) A prehearing conference shall be designed to simplify the hearing by resolving preliminary matters, and may address the following:

(a) Issuance of respondent subpoenas or other matters pertaining to discovery or disclosure;

(b) The possibility of obtaining stipulations, admissions, agreements on documents, understandings on matters already of record or judicially noticeable, or similar agreement that will avoid unnecessary proof;

(c) Identification of witnesses or documentary evidence, and consideration of limiting the number of expert witnesses or the presentation of similar cumulative evidence;

(d) The order of presentation and scheduling of the hearing;

(e) Preliminary motions presented by either party; and

(f) Other matters that will simplify or clarify the issues or otherwise promote the orderly and prompt conduct of the hearing.

(4) The proceedings at a prehearing conference shall be recorded.

(5) The Chairman or other member may issue a prehearing order that:

(a) Recites the results of the preliminary conference;

(b) Includes any rulings on motions considered at the prehearing conference;

(c) Clarifies any scheduling or related issues; and

(d) Sets forth any other actions taken, or to be taken, with regard to any matter addressed at the prehearing conference.

(6) Comments on or disagreement by the staff counsel or respondent with the prehearing order shall be filed with the Chairman or other member not later than 5 working days after service of the prehearing order. A dispute shall be ruled upon by the Chairman or other member before the hearing.

(7) A prehearing order issued pursuant to §B(6) of this regulation is a part of the complaint record.

C. Motions.

(1) Except for extraordinary situations or as otherwise provided in these regulations, preliminary matters requiring a formal ruling shall be raised by motions at either the prehearing conference or at least 15 working days before the hearing.

(2) Motions shall be in writing and state briefly the relief applied for and the grounds for the motion and, when appropriate, be supported by a memorandum of points and authorities.

(3) A response to a motion shall be filed with the Commission within 10 working days after receiving the initial motion.

(4) A motion or response shall be served on the opposing party as set forth in Regulation .02F of this chapter.

(5) The Chairman may rule on the motion at any time before, during, or after the hearing.

D. Postponement.

(1) Upon request from the staff counsel or the respondent, the Chairman may grant a postponement of the hearing for good cause as set forth in this section.

(2) Requests for postponement shall be confirmed in writing, served on the opposing party as set forth in Regulation .02F of this chapter, and shall include:

(a) The reason for the request; and

(b) When appropriate, a list of at least three dates within the 60-day period following the day on which the hearing was originally scheduled on which the party would be available for a hearing.

(3) Requests for postponement shall:

(a) Except in extraordinary circumstances or when requested in connection with a settlement proposal, be denied if made after a prehearing conference; or

(b) Be granted only if the party requesting the postponement clearly demonstrates that the request is made in good faith and that:

(i) Hardship will result from its denial, or

(ii) Postponement is required as part of a settlement consideration.

(4) Whenever feasible, a postponed hearing that is to be held shall be rescheduled within 60 days of the date the hearing was originally scheduled.