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10.28.04.00.htm 10.28.04.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY Chapter 04 Rules of Procedure for Board Hearings Authority: Health Occupations Article, §11-205, 11-313, and 11-315; State Government Article, §10-206; Annotated Code of Maryland
10.28.04.01.htm 10.28.04.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Board of Examiners in Optometry.
10.28.04.02.htm 10.28.04.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrative law judge" means the hearing officer assigned to preside over a hearing in cases which the Board has delegated to the Office of Administrative Hearings.2) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges brought 3) "Administrative prosec
10.28.04.03.htm 10.28.04.03. 03 Confidentiality of Proceedings.. A. Except as otherwise provided by law, the proceedings of the Board are confidential and that confidentiality may not be waived by the parties.B. The Office of Administrative Hearings' proceedings involving the adjudication of a Board contested case and the administrative law judge's recommended decision are confidential and the respondent may not waive the confidentiality of the proceedings or of the patients whose medical records or care
10.28.04.04.htm 10.28.04.04. 04 Representation by Counsel.. A. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings.B. If the matter goes to a hearing, the respondent shall be represented in proper person or by an attorney who has been:1) Admitted to the Maryland Bar; or. 2) Specially admitted to practice law pursuant to Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14, Annotated Code of Maryland.C. The Board may be repre
10.28.04.05.htm 10.28.04.05. 05 Proceedings under Health Occupations Article, §11-313, Annotated Code of Maryland.. A. Investigation of Complaints.. 1) The Board may:. a) Make a preliminary review of each complaint; and. b) Recommend that cases involving complaints over which the Board has no jurisdiction be closed.. 2) The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee who is the subject of the complaint to obtain a response to the allegations made in the complaint.
10.28.04.06.htm 10.28.04.06. 06 Proceedings under Health Occupations Article, §11-313, Annotated Code of Maryland ― Sanctions, Hearings, and Final Order.A. Surrender of License.. 1) The Board may require conditions for surrender of a license, including, but not limited to:. a) The admission of a violation of the Maryland Optometry Act;. b) The admission of facts;. c) A statement of the circumstances under which the surrender was offered or accepted;. d) Restrictions on future licensure;.
10.28.04.07.htm 10.28.04.07. 07 Summary Suspension of a License.. A. Pursuant to its authority under State Government Article, §10-226(c)2) Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.B. Notice of Intent to Summarily Suspend.. 1) Based on information gathered in an investigation or otherwise provided to the Board, the Board m
10.28.04.08.htm 10.28.04.08. 08 Probation and Violation of Probation Proceedings.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including:1) Re-education or completion of approved courses;. 2) Payment of a fine;. 3) Providing free optometric services in a Board-approved program;. 4) Practicing under supervision;. 5) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporti
10.28.04.09.htm 10.28.04.09. 09 Restoration of a License.. A. Reinstatement.. 1) A licensee shall petition the Board for a lifting of a suspension of a license or a reinstatement following revocation or surrender of a license.2) A licensee who petitions the Board for reinstatement pursuant to terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board shall apply for reinstatement only pursuant to those terms and conditions.3) A licensee whose licen
10.28.04.10.htm 10.28.04.10. 10 Judicial Review.. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §11-318, and State Government Article, §10-222, Annotated Code of Maryland.
10.28.04.11.htm 10.28.04.11. 11 Imposition of Penalties.. The Board may impose a civil monetary penalty in lieu of or in addition to a disciplinary sanction authorized by Health Occupations Article, §11-313, Annotated Code of Maryland as provided in COMAR 10.28.13.
10.28.04.12.htm 10.28.04.12. 12 Consideration and Notice of Board Files.. In any matter governed by this chapter, the Board may take official notice of any information contained in the Board's files.
10.28.04.9999.htm 10.28.04.9999. Administrative History Effective date: April 11, 1983 (10:7 Md. R. 634). Regulations .01―09 repealed and new Regulations .01―12 adopted effective September 3, 2001 (28:17 Md. R. 1556)
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