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15.14.02.00.htm 15.14.02.00. Title 15 DEPARTMENT OF AGRICULTURE Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS Chapter 02 Board Actions Authority: Agriculture Article, §2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §10-207―10-209; Annotated Code of Maryland
15.14.02.01.htm 15.14.02.01. 01 Scope.. This chapter concerns formal and informal actions of the State Board of Veterinary Medical Examiners to enforce the laws and regulations governing the practice of veterinary medicine in this State. The Board may take action against alleged violators, including a veterinarian, a veterinary technician, an owner of a veterinary hospital, an owner of a mobile veterinary clinic, and an owner of an animal control facility.This chapter describes the Board’s procedures for inves
15.14.02.01-1.htm 15.14.02.01-1. 01-1 Notice.. A. Notice of Board Action.. 1) The Board shall give written notice to a person against whom it is taking action at least 10 days before the scheduled hearing.2) The notice shall state:. a) The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are involved;b) The pertinent regulatory and statutory provisions under which this action is being taken;.
15.14.02.02.htm 15.14.02.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Abrogate” means to rescind a prior action of the Board;. 2) “Cease and desist letter” means a letter issued by the Board directing:. a) A licensee to cease doing a specified activity; or. b) An unlicensed individual to cease the unauthorized practice of veterinary medicine.. 3) “Censure” means a reprimand.. 4) “Charging document” means a nonpublic document
15.14.02.03.htm 15.14.02.03. 03 Complaint Procedures.. A. The Board or a veterinary review committee shall review a complaint received within 3 years of the conduct complained of, and may review a complaint received after 3 years of the conduct complained of upon a showing of extraordinary circumstances.B. After reviewing a complaint, the Board or a veterinary review committee may further investigate the complaint by:1) Requesting relevant records;.
15.14.02.04.htm 15.14.02.04. 04 Board Actions and Case Resolution Procedures.. A. The Board may resolve or dispose of a complaint by any of the following:. 1) Consent agreement and order;. 2) Civil penalty final order;. 3) Consent agreement and censure;. 4) Disposition agreement;. 5) Dismissal;. 6) Final order;. 7) Letter of advice;. 8) Letter of admonishment;. 9) Probation;. 10) Referral to appropriate authorities;. 11) Referral to mediation;. 12) Stay;. 14) Other authorized action of the Board..
15.14.02.05.htm 15.14.02.05. 05 Parties ― Representation.. A. "Party" includes any person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in formal hearings. Any person or agency may be admitted as a party for limited purposes.B. All parties appearing at formal hearings shall have the right to appear in proper person or by or with counsel. These parties shall have the right to be accompanied, represented, and advised by counsel.
15.14.02.06.htm 15.14.02.06. 06 Records ― Transcript.. A. The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.B. Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part of a proceeding, shall b
15.14.02.07.htm 15.14.02.07. 07 Presiding Officer ― Duties.. Each hearing shall be held before not less than a quorum of the Board. The Chairman, or in his absence, a member designated by him, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time. The Chairman or any member of the Board shall have the authority to administer the oaths to al
15.14.02.08.htm 15.14.02.08. 08 Order of Procedure.. The order in which the parties shall present their case shall be determined by the presiding officer.
15.14.02.09.htm 15.14.02.09. 09 Examination of Witnesses and Introduction of Evidence.. A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §10-213 and 10-214, Annotated Code of Maryland.B. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions; provided, however, that where a party is represented by counsel, the submission of evidence, examination and cross-examination of wit
15.14.02.10.htm 15.14.02.10. 10 Briefs.. Any party may submit briefs of the issues of fact and law involved in the hearing, which briefs shall be filed in such form, with such number of copies, and at such time as the presiding officer may designate.
15.14.02.11.htm 15.14.02.11. 11 Participation by the Office of the Attorney General.. The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon this request, counsel shall have all of the rights with regard to the submission of evidence, examination and cross-examination of witnesses, and filing of of objections, exceptions, and motions as counsel for any party.
15.14.02.12.htm 15.14.02.12. 12 Decision and Order.. Every decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. The findings of fact shall consist of a concise statement of the conclusions upon each contested issue of fact. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or his attorney of record. The decision of the Board shall be by majority vote.
15.14.02.13.htm 15.14.02.13. 13 Rehearings.. A. Any party aggrieved by a Board decision and order may apply for rehearing within 30 days after service on him of the decision and order. Action on the application shall lie in the discretion of the Board.B. Unless otherwise ordered, neither the rehearing nor the application shall stay the enforcement of the order, or excuse the persons affected by it for failure to comply with its terms.C. On rehearing, the Board may consider facts not presented in the original
15.14.02.9999.htm 15.14.02.9999. Administrative History Effective date: June, 1968. Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683). Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997. Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708) ―. chapter revised effective October 15, 2012 (39:20 Md. R. 1308).
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