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10.40.07.00.htm 10.40.07.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS Chapter 07 Civil Penalties Authority: Health Occupations Article, §16-205, 16-311, and 16-505(b) Annotated Code of Maryland
10.40.07.01.htm 10.40.07.01. 01 Scope.. This chapter establishes the standards by which the Board may impose an administrative monetary penalty not exceeding $50,000 on any individual licensed under Health Occupations Article, Title 16, Annotated Code of Maryland, for an act or omission proscribed under Health Occupations Article, §16-311(a) Annotated Code of Maryland.
10.40.07.02.htm 10.40.07.02. 02 Definitions.. A. In this chapter, the following terms have the meaning indicated.. B. Terms Defined.. 1) "Board" means the Board of Podiatric Medical Examiners.. 2) "Licensee" means an individual licensed by the Board to practice podiatry including the holder of a limited license.3) “Violation” means an act or omission proscribed under Health Occupations Article, §16-311(a) and 16-501, Annotated Code of Maryland.
10.40.07.03.htm 10.40.07.03. 03 Authority to Impose Civil Monetary Penalty.. A. After a hearing under Health Occupations Article, §16-313, Annotated Code of Maryland, and COMAR 10.40.05, the Board may impose a civil monetary penalty of no less than $1,000 and no more than $50,000 under this chapter against an individual who commits a violation.B. A penalty under §A of this regulation may be imposed:. 1) In addition to any reprimand, probation, suspension, or revocation; and.
10.40.07.04.htm 10.40.07.04. 04 Factors to be Considered in the Assessment of Penalties.. The Board shall consider the following factors in determining whether to impose a penalty and the amount of any penalty:A. The extent to which the individual derived any financial benefit from the violation;. B. The willfulness of the improper conduct;. C. The extent of actual or potential public harm caused by the violation;. D. The cost of investigating and prosecuting the case against the individual;.
10.40.07.05.htm 10.40.07.05. 05 Payment of Penalties.. A. The individual shall pay to the Board, on the date of its order, any administrative monetary penalty imposed under this chapter.B. Filing an appeal does not stay payment of any penalty imposed by the Board under this chapter.. C. If an individual fails to pay, in whole or in part, any penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew the license of the individual until the penalty has been paid in full.
10.40.07.9999.htm 10.40.07.9999. Administrative History Effective date: July 25, 1988 (15:15 Md. R. 1810). Regulation .01 amended effective December 22, 2003 (30:25 Md. R. 1848). Regulation .02B amended effective December 22, 2003 (30:25 Md. R. 1848) March 2, 2015 (42:4 Md. R. 434)Regulation .03 amended effective March 2, 2015 (42:4 Md. R. 434). Regulation .03A amended effective December 22, 2003 (30:25 Md. R. 1848). Regulation .04F adopted effective March 2, 2015 (42:4 Md. R. 434).
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