Code of Maryland Regulations › Title 14 - INDEPENDENT AGENCIES › Subtitle 18 - STATE ARCHIVES › Chapter 14.18.01 - Maryland Institute For Emergency Medical Services Systems (MIEMSS) › Section 14.18.01.10 - Hearings Before Commissioner

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				This regulation governs hearings on an application for a land patent or a
				certificate of reservation. To the extent that is practical, as determined by
				the Commissioner, this regulation also governs other hearings conducted by the
				Commissioner.
B. Location and Date.
				The hearing shall take place at the State Archives, 350 Rowe Boulevard,
				Annapolis, Maryland, on the date and at a time specified by the Commissioner.
				For cause, the Commissioner may designate another site as the place for the
				hearing. At the request of a party or at the Commissioner's initiative, a
				hearing may be postponed or continued to another date and time or moved to
				another site.
C. Notice. At least
				15 days before the hearing, the Commissioner shall send a written notice to all
				parties advising them of the place, date, and time of the hearing. To the
				extent that the issues have been defined, the notice shall state the issues to
				be considered and decided. In the event of a postponement or continuance, the
				Commissioner shall give notice as may be effective in the
				circumstances.
D. Parties. The
				applicant and a person or governmental entity which has filed an objection are
				parties.
E. Representation. Parties
				may appear in proper person or by counsel. Parties represented by counsel shall
				advise the Commissioner of the counsel's name at least 10 days before the
				hearing.
F. Presiding Officer. The
				Commissioner is the presiding officer at the hearing. The Commissioner has
				complete charge of the hearing and shall conduct it in accordance with the
				Administrative Procedure Act.
G.
				Counsel to the Presiding Officer. If requested by the Commissioner, counsel to
				the State Archives or another attorney designated by the Attorney General shall
				serve as counsel to the Commissioner. Counsel to the Commissioner has all the
				rights and privileges that counsel for a party would have.
H. Prehearing Conference. The Commissioner
				may, upon due notice, hold a prehearing conference with the parties for the
				purpose of defining the issues, entering stipulations, and resolving other
				matters preliminary to the hearing.
I. List of Witnesses, Exhibits, and
				Documents. Before the hearing, the Commissioner may order the parties to file a
				list of witnesses, exhibits, and documents which they expect to call or
				introduce into evidence. Copies of the list shall be made available to all
				parties.
J. Record and Transcript.
(1) The Commissioner shall prepare an
				official record, which includes the pleadings, testimony, exhibits, and other
				memoranda or material filed in the proceeding.
(2) Unless waived by all parties, a
				stenographic record of the hearing shall be made and the expense shall be one
				of the costs of the hearing. If the record is transcribed at the direction of
				the Commissioner, a party may obtain a copy upon paying the cost of
				reproduction. If the record is not transcribed at the direction of the
				Commissioner, a party may, at the party's own expense, request that the record
				be transcribed and the Commissioner and any party may obtain a copy upon
				payment of the cost of reproduction.