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10.34.01.00.htm 10.34.01.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 34 BOARD OF PHARMACY Chapter 01 Disciplinary Proceedings Authority: Health Occupations Article, §12-313, 12-315, 12-6B-09 and 12-6D-11; State Government Article, §10-206; Annotated Code of Maryland
10.34.01.01.htm 10.34.01.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the Board..
10.34.01.02.htm 10.34.01.02. 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 a case that the Board has delegated to the Office of Administrative Hearings under State Government Article, §10-205, Annotated Code of Maryland.2) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which gov
10.34.01.03.htm 10.34.01.03. 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 formal disciplinary action and the administrative law judge's recommended decision are confidential.C. The respondent may not waive the confidentiality of the:. 1) Proceedings; or.
10.34.01.04.htm 10.34.01.04. 04 Representation by Counsel.. A. A respondent may be represented by counsel at any stage of a formal disciplinary action.. B. If a hearing is held on a matter, the respondent shall be represented:. 1) In proper person; or. 2) By an attorney who has been:. a) Admitted to the Maryland Bar; or. b) Specially admitted to practice law under Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14, Annotated Code of Maryland.C. The Board may request
10.34.01.05.htm 10.34.01.05. 05 Disposition of Complaints.. A. For each complaint, after reviewing any completed investigative information or reports, the Board shall:1) Dismiss the complaint;. 2) Close the case with informal action;. 3) Issue a cease and desist order;. 4) Refer the matter for further investigation;. 5) Refer the matter to an administrative prosecutor; or. 6) Vote to:. a) Charge a registrant or licensee with a violation of the Maryland Pharmacy Act;.
10.34.01.06.htm 10.34.01.06. 06 Notice of Charges or Notice of Initial Denial.. A. If the Board issues charges or a notice of initial denial, the document shall be:. 1) Served on the respondent by certified mail at the address the respondent is required to maintain with the Board; or2) Hand delivered in person.. B. Charges or notice of initial denial shall:. 1) Inform the respondent of the statutory basis for the charges or denial of a registration, license, or permit;
10.34.01.07.htm 10.34.01.07. 07 Notice of Hearing.. A. Except for a show cause hearing, written notice of hearings shall be sent by the Executive Director or an officer of the Board to the parties at least 20 days before the hearing.B. The Board shall serve the notice of hearing by:. 1) Certified mail at the address the respondent is required to maintain with the Board; or. 2) Hand delivery in person.. C. The notice of hearing shall state, if applicable:. 1) The date, time, place, and nature of the hearing;.
10.34.01.08.htm 10.34.01.08. 08 Prehearing Conferences and Case Resolution Conferences.. A. The Board may set a prehearing conference or a case resolution conference, or both.. B. The prehearing conference may be used to prepare for the hearing by:. 1) Delineating the issues;. 2) Stipulating to:. a) Facts;. b) Laws; and. c) Other matters;. 3) Arranging a schedule for the:. a) Exchange of documents and witness information; and. b) Submission of motions and responses to motions; or.
10.34.01.09.htm 10.34.01.09. 09 Discovery.. 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 §A(1) and (2) of this regulation.. B. Mandatory Discovery.. 1) Each party shall provide to the other party not
10.34.01.10.htm 10.34.01.10. 10 Evidentiary Hearings.. A. Hearings shall be conducted under the Administrative Procedure Act.. B. The Board may delegate its authority to conduct hearings to the Office of Administrative Hearings.C. Hearings are not open to the public.. D. Records, including the recommended decision, shall be treated as confidential and sealed.. E. Records.. 1) The Board shall prepare an official record of hearings that shall include all:. a) Pleadings;. b) Testimony;. c) Exhibits; and.
10.34.01.11.htm 10.34.01.11. 11 Exceptions Hearings.. A. If a case has been delegated to the Office of Administrative Hearings under State Government Article, §10-205, Annotated Code of Maryland, for proposed findings of fact, conclusions of law, and disposition, a party may file exceptions with the Board within 30 days of receipt of the recommended decision.B. The opposing party to the exceptions shall respond within 15 days of receipt of the exceptions.. C. If a party files exceptions, the Board shall sc
10.34.01.12.htm 10.34.01.12. 12 Summary Suspensions.. A. The Board shall order the summary suspension of a registration, license, or permit if the Board determines that there is a substantial likelihood that a registrant or licensee poses a risk of harm to the public health, safety, or welfare.B. Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue:1) A notice of an intent to summarily suspend a registration, license, or permit; or.
10.34.01.13.htm 10.34.01.13. 13 Surrender of a Registration, License, or Permit.. A. The Board may:. 1) Accept the surrender of a registration, license, or permit;. 2) Require conditions for surrender of a registration, license, or permit, including:. a) The admission of a violation of the Maryland Pharmacy Act;. b) The admission of facts;. c) A statement of the circumstances under which the surrender was offered or accepted;. d) Restrictions on future registration, licensing, or permit;.
10.34.01.14.htm 10.34.01.14. 14 Probation and Violation of Probation.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation that the Board considers appropriate, including:1) Re-education or completion of approved courses;. 2) Payment of a fine;. 3) Practicing pharmacy or operating a pharmacy under supervision;. 4) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;
10.34.01.15.htm 10.34.01.15. 15 Reinstatement.. A. A registrant or licensee shall petition the Board for a lifting of the suspension of a registration, license, or permit or a reinstatement following revocation or surrender of a registration, license, or permit.B. The Board may reinstate a registration, license, or permit in accordance with:. 1) The terms and conditions of the order of revocation or suspension;. 2) A letter of surrender;. 3) An order of reinstatement issued by the Board; or.
10.34.01.9999.htm 10.34.01.9999. Administrative History Effective date: September 1, 1971. Regulation .03A, E, G amended effective February 19, 1990 (17:3 Md. R. 298). Regulation .03D amended effective February 13, 1984 (11:3 Md. R. 202). Regulation .04A, G amended effective February 19, 1990 (17:3 Md. R. 298). Regulation .04D, G amended effective October 3, 1980 (7:20 Md. R. 1879). Regulation .06 amended effective February 19, 1990 (17:3 Md. R. 298) ―.
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