2592
LAWS OF MARYLAND
Ch. 884
(c) [Every party shall have the right of
cross-examination of the witnesses who testify, and shall
have the right to submit rebuttal evidence.] EVERY PARTY
SHALL HAVE THE RIGHT ON EVERY GENUINE ISSUE: (1) TO CALL
WITNESSES AND PRESENT EVIDENCE; (2) TO CROSS-EXAMINE EVERY
WITNESS CALLED BY THE AGENCY OR ANY OTHER PARTY; (3) TO
SUBMIT REBUTTAL EVIDENCE; AND (4) TO PRESENT SUMMATION AND
ARGUMENT.
(d) 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.
252A.
(A) EXCEPT WHEN A DE NOVO REVIEW IS PROVIDED BY LAW,
THE RECORD IN A CONTESTED CASE SHALL INCLUDE:
FINAL RULINGS;
ALL PLEADINGS, MOTIONS, INTERMEDIATE AND
CONSIDERED;
(2)
DOCUMENTARY
EVIDENCE
RECEIVED
OR
NOTICED;
(3)
(4)
ANY
STATEMENT
OF
MATTERS
OFFICIALLY
ANY QUESTIONS AND OFFERS OF PROOF,
OBJECTIONS, AND RULINGS THEREON;
(5) ANY PROPOSED FINDINGS AND EXCEPTIONS;
(6) THE DECISION, OPINION OR REPORT BY THE
OFFICER PRESIDING AT THE HEARING; AND
(7) ANY STAFF MEMORANDUM SUBMITTED TO THE
HEARING OFFICER OR ANY OTHER MEMBER OF THE AGENCY INVOLVED
IN THE DECISIONAL PROCESS OF THAT CASE BY ANY AGENCY
OFFICIAL OR EMPLOYEE OTHER THAN THOSE AUTHORIZED TO
PARTICIPATE IN THE DECISIONAL PROCESS OF THAT CASE.
(E) ORAL PROCEEDINGS OR ANY PART THEREOF SHALL BE
TRANSCRIBED ON REQUEST OF ANY PARTY AND UPON PAYMENT OF
COSTS AS MAY BE REQUIRED.
254.
[Every decision and order adverse to a party to the
proceedings, rendered by an agency in a contested case,
shall be in writing or stated in the record and shall be
accompanied by findings of fact and conclusions of law.
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