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Ch. 14
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658
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LAWS OF MARYLAND
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SPECIFICALLY SET FORTH IN THE MARYLAND VEHICLE LAW.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §2-319(d).
The short title "Maryland Vehicle Law" is
substituted for the present reference to "this
article"; see §11-206 of this article.
The only other changes are in style.
12-206. RIGHTS OF PARTIES TO A HEARING.
A PARTY TO A HEARING HAS THE RIGHT TO:
(1) BE REPRESENTED BY COUNSEL;
(2) CROSS-EXAMINE WITNESSES;
(3) INSPECT AND COPY ALL EVIDENCE TO BE INTRODUCED;
AND
(4) SUBMIT EVIDENCE.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §2-319(g).
The only changes are in style.
Although this section grants a party the right
to "cross-examine witnesses" and "submit
evidence," it does not expressly afford the
party the right to have witnesses subpoenaed
in his behalf. The Commission is unsure as to
whether this was an oversight or a deliberate
omission on the part of the General Assembly,
and recommends that its inclusion be
considered.
12-207. RULES OF EVIDENCE; TRANSCRIPT OF PROCEEDINGS.
(A) RULES OF EVIDENCE.
(1) EACH HEARING SHALL BE CONDUCTED IN
ACCORDANCE WITH THE RULES OF EVIDENCE IN ARTICLE 41, §252
OF THE CODE.
(2) THE ADMINISTRATION MAY TAKE JUDICIAL
NOTICE OF TECHNICAL AND SCIENTIFIC FACTS WITHIN ITS
SPECIALIZED KNOWLEDGE AND OF GENERALLY KNOWN FACTS.
EITHER BEFORE OR DURING THE HEARING, THE ADMINISTRATION
SHALL NOTIFY THE PARTIES OF THE FACTS NOTICED AND SHALL
GIVE THE PARTIES AN OPPORTUNITY TO CONTEST THESE FACTS.
THE ADMINISTRATION MAY USE ITS EXPERIENCE, TECHNICAL
COMPETENCY, AND SPECIALIZED KNOWLEDGE IN WEIGHING
EVIDENCE PRESENTED AT A HEARING.
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(B) TRANSCRIPT OF PROCEEDINGS.
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