Sec. 29.03.03.16. Hearings

A. The following regulations apply to hearings that the Handgun Roster Board conducts to determine whether a handgun should be placed on the Handgun Roster. They do not apply to any other proceedings.

B. The Board shall send written notice of the hearing to the parties by certified mail, return receipt requested, at least 10 days before the hearing. The notice shall state the date, time, place, and nature of the hearing.

C. Representation of Parties.

(1) A party may be represented by an attorney or may appear in person.

(2) Unless the attorney's appearance is withdrawn, any notice, decision, or other matter required to be sent to the party shall be sent to the attorney.

(3) When any party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and all objections and motions on the party's behalf shall be made solely by counsel.

D. Conduct of Hearings.

(1) The chairman shall preside over the hearing and shall determine the order of presentation.

(2) Parties may, and at the request of the chairman shall, submit memoranda on any issues of law or fact involved in the hearing.

(3) Written submissions shall be filed in the form and at the time that the chairman may designate.

E. Evidence.

(1) The rules of evidence are those provided by State Government Article, §10-208, Annotated Code of Maryland.

(2) Witnesses and parties shall testify on oath or affirmation.

(3) Any member of the Board may examine any witness called to testify.

(4) The chairman may call as a witness any person in attendance at the hearing.

(5) Each party shall offer all of the evidence that the party wishes to have made part of the record. If the Board has any evidence that it wishes to use in making its decision, the Board shall make the evidence part of the record. In making its decision, the Board may consider only evidence that is in the record.

F. Record. A stenographic record shall be made of each hearing. It is not necessary to transcribe the record unless requested by the chairman or a party. A party requesting a transcript shall pay for the cost of transcription. Whenever a transcript is made, a copy shall be deposited with the chairman of the Board.