Md. Code Regs. 26.01.02.04

Current through Register Vol. 51, No. 20, October 4, 2024

Section 26.01.02.04 - The Record

A. The Office of Hearings shall prepare an official record of each hearing. All hearings, including hearings on motions, shall be on the record. The record consists of:

(1) The charging document or other document giving rise to the appeal;

(2) The request for a hearing;

(3) The notices of all proceedings;

(4) Any prehearing order;

(5) Any motions, pleadings, briefs, petitions, requests, and intermediate rulings;

(6) Evidence received or considered;

(7) A statement of each fact officially noticed;

(8) Proffers of proof and objections and rulings on them;

(9) Proposed findings of fact or conclusions of law, requested orders, and exceptions;

(10) Any records of ex parte communications, as required under Regulation .32 of this chapter;

(11) Any tape recorded by the Office of Hearings at the hearing, any original transcript of the tape recording, and any original transcript prepared by a court reporting service;

(12) Any final order, initial order, or order on reconsideration;

(13) Matters placed on the record after an ex parte communication.

B. Hearings shall be either tape recorded by the Office of Hearings or stenographically reported verbatim. Tapes or originals of the transcript, if one is prepared, shall be filed with the record. Tapes shall be retained for the duration of the appeal period.

C. Upon compilation, the record shall be available for public inspection at the Office of Hearings during normal business hours, unless the contents are otherwise protected by law.

Md. Code Regs. 26.01.02.04

Regulations .04 repealed effective October 16, 1989 (16:20 Md. R. 2183)
Regulations .04 adopted effective October 16, 1989 (16:20 Md. R. 2183)