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10.38.05.00.htm 10.38.05.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 38 BOARD OF PHYSICAL THERAPY EXAMINERS Chapter 05 Rules of Procedure for Board Hearings Authority: Health Occupations Article, §13-206 and 13-317; State Government Article, §10-205 and 10-206; Annotated Code of Maryland
10.38.05.01.htm 10.38.05.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Board of Physical Therapy Examiners.
10.38.05.02.htm 10.38.05.02. 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 which the Board has delegated to the Office of Administrative Hearings pursuant to 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
10.38.05.03.htm 10.38.05.03. 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.
10.38.05.04.htm 10.38.05.04. 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, 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 pursuant to Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 16, Annotated Code of Maryland.C. The Board may request the Office of the Attorne
10.38.05.05.htm 10.38.05.05. 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 licensee with a violation of the Maryland Physical Therapy Act;.
10.38.05.06.htm 10.38.05.06. 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 license;.
10.38.05.07.htm 10.38.05.07. 07 Notice of Hearing.. A. Except for a show cause hearing, written notice of all hearings shall be sent by the Executive Director or an officer of the Board to all parties at least 30 days before the hearing.B. The Board shall serve the notice of hearing by either:. 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:.
10.38.05.08.htm 10.38.05.08. 08 Prehearing Conference and Case Resolution Conference.. 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 facts, laws, and other matters;. 3) Arranging a schedule for the exchange of documents and witnesses;. 4) Arranging a schedule for the submission of motions and responses to motions; or.
10.38.05.09.htm 10.38.05.09. 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
10.38.05.10.htm 10.38.05.10. 10 Evidentiary Hearings.. A. Hearings shall be conducted pursuant to the Administrative Procedure Act.. B. The Board may delegate its authority to conduct hearings to:. 1) A hearing committee of the Board; or. 2) The Office of Administrative Hearings.. C. Confidentiality.. 1) Hearings are not open to the public.. 2) All records, including the hearing committee’s decision and the administrative law judge’s recommended decision, are confidential and sealed.
10.38.05.11.htm 10.38.05.11. 11 Recommended Decisions, Exceptions Hearings, and Oral Argument.. A. If a case has been delegated to a hearing committee of the Board or to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland, the hearing committee or administrative law judge shall prepare a recommended decision for consideration by a quorum of the Board.B. A quorum of the Board may include members of the hearing committee.. C. The hearing committee
10.38.05.12.htm 10.38.05.12. 12 Revocation of Hearing Authority from the Office of Administrative Hearings.. A. Consistent with the provisions of State Government Article, §10-205, Annotated Code of Maryland, the Board may revoke authority delegated to the Office of Administrative Hearings by written notice.B. Criteria for Revocation of Authority in a Specific Case. The Board may revoke all or part of the Office of Administrative Hearings’ authority in a specific case if the case:
10.38.05.13.htm 10.38.05.13. 13 Summary Suspensions.. A. The Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a 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 license; or. 2) An order of summary suspension.. C. If the Board votes to
10.38.05.14.htm 10.38.05.14. 14 Surrender of a License.. A. The Board may accept the surrender of a license.. B. The Board may require conditions for surrender of a license, including but not limited to:. 1) The admission of a violation of the Maryland Physical Therapy Act;. 2) The admission of facts;. 3) A statement of the circumstances under which the surrender was offered or accepted;. 4) Restrictions on future licensing;. 5) Conditions for reinstatement of the license; or.
10.38.05.15.htm 10.38.05.15. 15 Probation and Violation of Probation.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including:1) Re-education or completion of approved courses;. 2) Payment of a fine;. 3) Practicing physical therapy or limited physical therapy under supervision;. 4) Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;
10.38.05.16.htm 10.38.05.16. 16 Reinstatement.. A. A licensee shall petition the Board for a lifting of the suspension of a license or a reinstatement following revocation or surrender of a license.B. The Board may reinstate a license only 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. 4) A final judgment in any proceeding for judicial review.. C. When a time period is
10.38.05.9999.htm 10.38.05.9999. Administrative History Effective date: November 8, 1982 (9:22 Md. R. 2197). Regulation .02A amended effective November 7, 1994 (21:22 Md. R. 1878). Regulation .02C amended effective July 12, 1999 (26:14 Md. R. 1083). Regulation .04 amended effective January 24, 2000 (27:1 Md. R. 77). Regulation .05 amended as an emergency provision effective January 1, 2001 (28:3 Md. R. 203) amended permanently effective April 16, 2001 (28:7 Md. R. 690)
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