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Session Laws, 1971
Volume 707, Page 2216   View pdf image
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2216                                County Local Laws

(f) Agencies may take notice of judicially cognizable facts and in
addition may take notice of general, technical or scientific facts within
their specialized knowledge. Parties shall be notified either before or during
hearing, or by reference in preliminary reports or otherwise, of the
material so noticed, and they shall be afforded an opportunity to contest
the facts so noticed. Agencies may utilize their experience, technical
competence and specialized knowledge in the evaluation of the evidence
presented to them.

22.204—Ancillary Matters

(a)    Any person compelled to appear in person before any agency or
representative thereof shall be accorded the right to be accompanied,
represented and advised by counsel or, if permitted by the agency, by
other qualified representatives. Every party shall be accorded the right
to appear in person or by or with counsel or other duly qualified representa-
tives in any agency proceeding. So far as the orderly conduct of public
business permits, any interested person may appear before any agency
or its responsible officers or employees for the presentation, adjustment or
determination of any issue, request or controversy in any proceeding or
in connection with any agency function. Every agency shall proceed with
reasonable dispatch to conclude any matter presented to it except that due
regard shall be had for the convenience and necessity of the parties or
their representatives. Nothing herein shall be construed either to grant or
deny to any person who is not a lawyer the right to appear for or represent
others for any agency or in any agency proceedings.

(b)    No process, requirement of a report, inspection or other in-
vestigative act or demand shall be issued, made, or enforced in any manner
or for any purpose except as authorized by law. Every person compelled
to submit data or evidence shall be entitled to retain, or on payment of
lawfully prescribed cost, procure a copy or transcript thereof, except that
in a non-public investigatory proceeding the witness may for good cause
be limited to inspection of the official transcript of his testimony.

(c)    Agency subpoenas authorized by law shall be issued to any
party upon request and, as may be required by rules of procedure, upon a
statement or showing of general relevance and reasonable scope of the
evidence sought. Upon contest the Circuit Court for Howard County
shall sustain any such subpoena or similar process or demand to the extent
that it is found to be in accordance with law and, in any proceeding for
enforcement, shall issue an order requiring the appearance of the witness
or the production of the evidence or data within a reasonable time under
penalty of punishment for contempt in case of contumacious failure to
comply.

(d)    Prompt notice shall be given of the denial in whole or in part
of any written application, petition or other request of any interested
person made in connection with any agency proceeding, except in affirming
a prior denial or where the denial is self-explanatory, such notice shall be
accompanied by a simple statement of procedural or other grounds.

22.205—Hearings

(a) There shall preside at the taking of evidence the chairman of
the agency. The functions of all presiding officers and of officers participat-
ing in decisions in conformity with this subtitle shall be conducted in an
impartial manner. Prior to the beginning of the hearing, any member
of the agency shall disclose to the parties to the proceeding any personal

 

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Session Laws, 1971
Volume 707, Page 2216   View pdf image
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