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10.28.13.00.htm 10.28.13.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY Chapter 13 Civil Penalties Authority: Health Occupations Article, §11-205, 11-313―11-315, and 11-505, Annotated Code of Maryland
10.28.13.01.htm 10.28.13.01. 01 Scope.. This chapter establishes the standards by which the Board may:. A. Impose an administrative monetary penalty not exceeding $5,000 on an individual licensed under Health Occupations Article, Title 11, Annotated Code of Maryland, for an act or omission prohibited under Health Occupations Article, §11-313, Annotated Code of Maryland; orB. Assess a civil fine not exceeding $50,000 on a person who violates Health Occupations Article, §11–501, 11–502, or 11–504,
10.28.13.02.htm 10.28.13.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the Board of Examiners in Optometry.. 2) “Licensee” means an individual licensed by the Board to practice optometry.. 3) “Violation” means:. a) An act or omission prohibited under Health Occupations Article, §11-313, Annotated Code of Maryland; orb) An act prohibited under Heath Occupations Article, §11-501, 11-502, or 11-504, Annotated Code of Maryland.
10.28.13.03.htm 10.28.13.03. 03 Authority to Impose an Administrative Monetary Penalty.. A. After a hearing under Health Occupations Article, §11-315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may impose an administrative monetary penalty of $5,000 or less on a licensee who is found to have committed a violation.B. The Board may impose a penalty under §A of this regulation:. 1) For each occasion the licensee commits a violation, not to exceed a maximum of $5,000;.
10.28.13.04.htm 10.28.13.04. 04 Factors to be Considered in the Assessment of Penalties.. In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:A. The cost of investigating and prosecuting the case against the individual;. B. The extent of actual or potential public harm caused by the violation;. C. The extent to which the individual derived a financial benefit from the violation;. D. The history of a previous violation or violations;.
10.28.13.05.htm 10.28.13.05. 05 Payment of Penalties.. A. Within 30 days of the date of the Board’s order:. 1) A licensee shall pay to the Board the administrative monetary penalty imposed; or. 2) A person shall pay the civil fine assessed by the Board. B. The Board shall pay into the General Fund of the State all monies collected under this chapter.. C. If a licensee fails to pay, in whole or in part, a penalty imposed by the Board, the Board may not restore, reinstate, or renew the license of the
10.28.13.06.htm 10.28.13.06. 06 Civil Fines.. A. After a hearing under Health Occupations Article, §11–315, Annotated Code of Maryland, and COMAR 10.28.04, the Board may assess a civil fine not to exceed $50,000 against a person who:1) Practices optometry without a license in violation of Health Occupations Article, §11–501, Annotated Code of Maryland;2) Misrepresents to the public by title, by description of services, methods, or procedures, or otherwise that the person practices optometry in viola
10.28.13.9999.htm 10.28.13.9999. Administrative History Effective date: April 20, 1998 (25:8 Md. R. 597). Regulation .01 amended effective August 17, 2015 (42:16 Md. R. 1055). Regulation .02B amended effective August 17, 2015 (42:16 Md. R. 1055). Regulation .05A, C amended effective August 17, 2015 (42:16 Md. R. 1055). Regulation .06 adopted effective August 17, 2015 (42:16 Md. R. 1055).
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