Md. Code Regs. 10.37.10.13

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.37.10.13 - Public Hearing Before the Commission

A. Testimony shall be in writing and may not be delivered orally, except as set forth in Regulation .14K, of this chapter.

B. Presenting Direct Testimony.

(1) Any person who wishes to present direct testimony at the public hearing shall forward copies to the hospital and to every designated interested party, and shall file nine copies at the Commission's office.

(2) If the public hearing is the result of a hospital rate application pursuant to Regulation .03, of this chapter, the applicant shall file its testimony at least 20 days before the date of the hearing. The staff of the Commission and members of the public shall file their testimony at least 10 days before the date of the hearing.

(3) If the public hearing is the result of a Commission-initiated review of the rates of a hospital pursuant to Regulation .04, of this chapter, the Commission staff shall file its testimony at least 20 days before the date of the hearing. The hospital and members of the public shall file their testimony at least 10 days before the date of the hearing.

(4) The designated interested parties shall file their testimony before the close of the first hearing session.

C. The written direct testimony shall set forth the conclusions of the person submitting it and the arguments and facts supporting these conclusions. This testimony shall specifically pertain to the issues set forth in the public notice.

D. Written direct testimony shall be verified either by:

(1) Appearing before an officer or other person authorized to administer an oath; or

(2) Signing the documents containing the statements required to be under oath and including the following representation: I do solemnly declare and affirm under the penalties of perjury that the facts set forth in the foregoing testimony are true and correct to the best of my knowledge, information and belief.

E. Copies of written direct testimony shall be forwarded by the person submitting them to the hospital and the designated interested parties.

F. All written direct testimony shall pertain solely to the proposed rates and be relevant to that subject. The presiding officer shall separate irrelevant material from the remainder of the record and keep that material apart. Parts of the body of the written direct testimony judged irrelevant by the presiding officer shall be so marked and may not be considered by the Commission in its deliberations.

G. Persons submitting written testimony shall make themselves available for cross-examination and may give redirect and rebuttal testimony, orally or in writing, as directed or permitted by the presiding officer.

H. All testimony at public hearings shall be filed in a timely manner. Requests for hearing postponements shall be made at a reasonable time before the hearing. These requests will only be granted for valid reasons, at the discretion of the Commission. If a hospital requests a postponement of an initial hearing session after the staff has already submitted its testimony, the Commission may require the hospital to file its testimony within the time frame of the original hearing date.

Md. Code Regs. 10.37.10.13

Regulation .13B amended effective September 19, 1980 (7:19 Md. R. 1806)
Regulation .13H adopted effective July 28, 1978 (5:15 Md. R. 1190) (originally codified as Regulation .12G)