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10.36.03.00.htm 10.36.03.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 36 BOARD OF EXAMINERS OF PSYCHOLOGISTS Chapter 03 Procedure for Board Hearings Authority: Health Occupations Article, §18-206 and 18-315; State Government Article, §10-206; Annotated Code of Maryland
10.36.03.01.htm 10.36.03.01. 01 Scope.. This chapter applies to all contested case hearings held under the authority of Health Occupations Article, §18-315, Annotated Code of Maryland, which concern possible action to be taken by the State Board of Examiners of Psychologists under Health Occupations Article, §18-313, Annotated Code of Maryland, regarding the licensure or registration, or discipline of psychologists and psychology associates. This chapter does not apply to conferences or other informal investig
10.36.03.02.htm 10.36.03.02. 02 Notice of Hearing.. A. Written notice of charges and a hearing shall be sent by the Chairman of the Board to the licensee, registrant, or applicant for licensure or registration at least 30 days before the hearing. The notice shall state the date, time, and place of the hearing. It also shall state the issues or charges involved in the proceedings.B. If, by reason of the nature of the proceeding, these issues cannot be fully stated in the notice of the hearing in advance
10.36.03.03.htm 10.36.03.03. 03 Representation of Parties.. All parties in interest appearing before the Board at formal contested case hearings have the right to appear in person, alone, or by or with counsel.
10.36.03.04.htm 10.36.03.04. 04 Prehearing Procedures.. A. Prehearing and Case Resolution Conferences.. 1) The Board may set a prehearing conference, or a case resolution conference, or both, upon motion of either party, or on its own motion.2) The case resolution conference may be used to attempt to settle the case.. 3) The prehearing conference may be used to prepare for the hearing by:. a) Delineating the issues,. b) Stipulating to facts, laws, and other matters,. c) Arranging a schedule, and.
10.36.03.05.htm 10.36.03.05. 05 Conduct of the Hearing.. A. Board Majority. Each hearing shall be held before a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-205, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-216, Annotated Code of Maryland. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members present at the Board hearing.
10.36.03.06.htm 10.36.03.06. 06 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. A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceedings, or part of them, shall be paid by the party requesting the tr
10.36.03.07.htm 10.36.03.07. 07 Decision and Order.. A. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. 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. In any order involving patients or clients of a psychologist or psychology associate these individuals will not be referred to by name if in the Board’s opini
10.36.03.08.htm 10.36.03.08. 08 Rehearings.. A. Any party aggrieved by the decision and order may apply for rehearing within 10 days after service on him of the decision and order. The application shall state the grounds for rehearing. The Board shall grant or deny the application within 30 days of its submission to the Chairman of the Board. Action on the application shall lie at the discretion of the Board.B. Unless otherwise ordered, neither the rehearing nor the application for rehearing shall stay the
10.36.03.09.htm 10.36.03.09. 09 Appeal.. Any person whose license or registration has been revoked or suspended by the Board, or any person placed on probation or reprimanded by the Board, may seek judicial review of the Board’s decision. This review shall be in accordance with the provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.
10.36.03.9999.htm 10.36.03.9999. Administrative History Effective date:. Regulations .01―08 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1988) emergency status expired February 14, 1981 ―Regulations .01―09 adopted effective December 3, 1984 (11:24 Md. R. 2069). Regulation .05A, B amended effective November 26, 1990 (17:23 Md. R. 2732) ―. Chapter revised effective September 4, 2000 (27:17 Md. R. 1620). Regulation .01 amended effective May 25, 2015 (42:10 Md. R. 684).
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