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10.29.01.00.htm 10.29.01.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 01 Hearing Procedures Authority: Health Occupations Article, §1-606, 7-205(a)1) and (c) 7-316, 7-318, and 7-604, Annotated Code of Maryland
10.29.01.01.htm 10.29.01.01. 01 Scope.. A. This chapter governs procedures for disciplinary matters and hearings before the Maryland State Board of Morticians and Funeral Directors and establishes the standards for use as a guide for the imposition of disciplinary sanctions against any of the following under jurisdiction of the Board:1) A licensed mortician, funeral director, apprentice, surviving spouse, funeral establishment, corporation, crematory supervisor, or executor;2) A courtesy card holder;.
10.29.01.02.htm 10.29.01.02. 02 Notice of Hearing.. A. All interested parties shall be afforded an opportunity to be present at formal hearings.. B. Written notice of the hearing shall be sent by the Secretary of the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time and place of the hearing. It shall also state the issues or charges involved in the proceeding. However, if by reason of the nature of the proceeding, the issues cannot be
10.29.01.03.htm 10.29.01.03. 03 Parties and 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. All parties shall have the right to be accompanied, represented and advised by counsel.
10.29.01.04.htm 10.29.01.04. 04 Prehearing Procedures.. A. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following:1) A list of witnesses to be called;. 2) Copies of documents intended to be produced at the hearing; or. 3) Both.. B. Mandatory Discovery.. 1) Each party shall provide to the other party not later than 15 days befor
10.29.01.05.htm 10.29.01.05. 05 Records and 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. The 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 thereof, shall be paid by
10.29.01.06.htm 10.29.01.06. 06 Presiding Officer Duties.. Each hearing shall be held before a quorum of the Board. The president, 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.
10.29.01.07.htm 10.29.01.07. 07 Order of Procedure.. The order in which the parties shall present their case shall be determined by the presiding officer.
10.29.01.08.htm 10.29.01.08. 08 Examination of Witness and Introduction of Evidence.. A. The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §10-208 and 10-209, Annotated Code of Maryland.B. Any party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions and motions. However, when a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filin
10.29.01.09.htm 10.29.01.09. 09 Briefs.. Any party may submit briefs of the issues of fact and law involved in the hearing. The briefs shall be filed in the form, with the number of copies, and at the time as the presiding officer may designate.
10.29.01.10.htm 10.29.01.10. 10 Sanctioning Guidelines.. A. General Application.. 1) This regulation shall be used by the Board as a guide for sanctioning pursuant to the Board’s authority under Health Occupations Article, §7–205, 7–316, and 7–604, Annotated Code of Maryland, for violations of the Morticians and Funeral Directors Act and the Board’s regulations.2) The Board is not required to make findings of fact with respect to any of the factors for determining the sanction indicated by the sanctioning gui
10.29.01.11.htm 10.29.01.11. 11 Counsel to the Board.. The presiding officer may request the Office of the Attorney General to participate in any hearing as counsel for the Board. Upon that request, the counsel shall have all of the rights with regard to the submission of evidence, examination and cross-examination.
10.29.01.12.htm 10.29.01.12. 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.
10.29.01.13.htm 10.29.01.13. 13 Rehearings.. A. Any party aggrieved by the decision and order rendered in the particular case may apply for rehearing within 10 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 for rehearing shall stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms.C. The Board may, on rehe
10.29.01.9999.htm 10.29.01.9999. Administrative History Effective date: May 14, 1968. Preface amended effective December 15, 1986 (13:25 Md. R. 2660). Regulation .01 recodified to .01-1 and the Preface recodified to Regulation .01, July 1991 ―. Chapter revised effective March 5, 2001 (28:4 Md. R. 418). Regulation .01 amended as an emergency provision effective November 5, 2007 (34:24 Md. R. 2154) amended permanently effective February 25, 2008 (35:4 Md. R. 514) ―
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