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10.29.10.00.htm 10.29.10.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS Chapter 10 Monetary Penalties Authority: Health Occupations Article, §1-212 and 7-317, Annotated Code of Maryland
10.29.10.01.htm 10.29.10.01. 01 Scope.. These regulations establish standards for the imposition of penalties not exceeding $5,000 against any mortuary science practitioner licensee in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §7-316, Annotated Code of Maryland, to suspend or revoke a license.
10.29.10.02.htm 10.29.10.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the State Board of Morticians and Funeral Directors.. 2) "Licensee" means, unless the context requires otherwise, a holder of a license issued by the Board to practice mortuary science in Maryland to the extent permitted under Health Occupations Article, Title 7, Annotated Code of Maryland.3) "Penalty" means monetary fine..
10.29.10.03.htm 10.29.10.03. 03 Imposition of Penalties on Licensees.. A. A penalty of not less than $100 or more than $2,500 may be imposed by the Board on a licensee found in violation of any of the following:1) Advertising falsely;. 2) Advertising in a misleading manner;. 3) Employing, paying, or offering to pay an individual to obtain business, either in general or for a particular mortician, funeral director, surviving spouse, or funeral establishment.
10.29.10.04.htm 10.29.10.04. 04 Factors to be Considered in the Assessment of a Penalty.. In those cases in which the Board determines that the imposition of a penalty is appropriate, the Board shall take into consideration the following factors, without limitations, in determining the amount of penalty:A. The extent to which the licensee derived any financial benefit from unprofessional or improper conduct;B. The willfulness of the unprofessional or improper conduct;. C. The extent of actual o
10.29.10.05.htm 10.29.10.05. 05 Payment of a Penalty.. A. A licensee shall pay to the Board a penalty imposed under these regulations as of the date the Board's order is issued, unless the Board's order specifies otherwise.B. Filing an appeal under State Government Article, §10-215, Annotated Code of Maryland, or Health Occupations Article, §7-320, Annotated Code of Maryland, does not automatically stay imposition of a penalty imposed by the Board pursuant to these regulations.C. If a licensee fails to
10.29.10.9999.htm 10.29.10.9999. Administrative History Effective date: January 1, 1996 (22:26 Md. R. 2029). Regulation .02B 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)Regulation .03C amended effective March 5, 2001 (28:4 Md. R. 418).
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