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10.40.05.00.htm 10.40.05.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS Chapter 05 Hearing Procedures Authority: Health Occupations Article, §16-313 and 16-314; State Government Article, §10-206; Annotated Code of Maryland
10.40.05.01.htm 10.40.05.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Board of Podiatric Medical Examiners.
10.40.05.02.htm 10.40.05.02. 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 the Board has delegated to the Office of Administrative Hearings.2) “Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges brought by the Board.3) “Administrative prosec
10.40.05.03.htm 10.40.05.03. 03 Confidentiality of Proceedings.. A. Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this regulation.B. The Office of Administrative Hearings’ proceedings involving the adjudication of a Board-contested case and the administrative law judge’s recommended decision are confidential. The respondent may not waive the confidentiality of the proceedings or of the patients whose m
10.40.05.04.htm 10.40.05.04. 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 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
10.40.05.05.htm 10.40.05.05. 05 Proceedings under Health Occupations Article, §16-311, Annotated Code of Maryland.. A. Investigation of Complaints.. 1) The Board may:. a) Make a preliminary review of each complaint; and. b) Recommend that cases involving complaints over which the Board lacks jurisdiction be closed.. 2) The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee that is the subject of the complaint in order to obtain a response to the al
10.40.05.06.htm 10.40.05.06. 06 Sanctions, Hearings, and Final Order.. A. Surrender of License.. 1) The Board may require conditions for surrender of a license, including:. a) An admission of a violation of the Maryland Podiatry Act;. b) An admission of facts;. c) A statement of the circumstances under which the surrender was offered or accepted;. d) Restrictions on future licensure;. e) Conditions for reinstatement of the license; or.
10.40.05.07.htm 10.40.05.07. 07 Probation and Violation of Probation Proceedings.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to:1) Reeducation or completion of approved courses;. 2) Payment of a fine;. 3) Providing free podiatry services in a Board-approved program;. 4) Practicing under supervision;. 5) Monitoring by the Board or by an individual or entity approved by the Bo
10.40.05.08.htm 10.40.05.08. 08 Post-Disciplinary Reinstatement of a License.. A. Reinstatement.. 1) A licensee shall petition the Board for a termination of a suspension of a license or a reinstatement after revocation or surrender of a license.2) A licensee that petitions the Board for reinstatement under the terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions.
10.40.05.09.htm 10.40.05.09. 09 Judicial Review.. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §16-315 and State Government Article, §10-222, Annotated Code of Maryland.
10.40.05.10.htm 10.40.05.10. 10 Cost Recovery.. If after a hearing, a licensee is found to have violated any of the provisions of Health Occupations Article, §16-311, Annotated Code of Maryland, the Board shall be entitled to reimbursement of costs by the licensee including any or all of the following items:A. Services rendered by court reporters;. B. Transcription of the hearing record by court reporters;. C. Expenses related to witnesses appearing for the State;.
10.40.05.9999.htm 10.40.05.9999. Administrative History Effective date: December 19, 1983 (10:25 Md. R. 2269). Regulation .01 amended effective March 5, 1990 (17:4 Md. R. 497) September 18, 2000 (27:18 Md. R. 1665)Regulation .02A amended effective March 5, 1990 (17:4 Md. R. 497). Regulation .03 amended effective September 18, 2000 (27:18 Md. R. 1665). Regulation .04 amended effective September 18, 2000 (27:18 Md. R. 1665). Regulation .04C amended effective March 5, 1990 (17:4 Md. R. 497).
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