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10.44.07.00.htm 10.44.07.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 44 BOARD OF DENTAL EXAMINERS Chapter 07 Rules of Procedure for the Disciplinary Process Authority: Health Occupations Article, §1-603, 4-205, 4-316, and 4-318, Annotated Code of Maryland
10.44.07.01.htm 10.44.07.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Board of Dental Examiners.
10.44.07.02.htm 10.44.07.02. 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
10.44.07.03.htm 10.44.07.03. 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. Office of Administrative Hearings proceedings involving the adjudication of a 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 medical or dental records or care are
10.44.07.04.htm 10.44.07.04. 04 Representation of Parties.. A. Every party who appears at a formal hearing has the right to appear in proper person or by or with counsel.B. If the matter goes to a hearing, the respondent shall be represented only by an attorney who has been admitted to the Maryland Bar or specially admitted to practice law under Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14.C. The administrative prosecutor assigned to a disciplinary matter by the O
10.44.07.05.htm 10.44.07.05. 05 Filing of Complaints.. A. The Board may commence proceedings or open an investigation under Health Occupations Article, §4-315, Annotated Code of Maryland, after the filing of a complaint:1) Received from an individual who is not a member of the Board; or. 2) Completed by the Board on its own initiative and signed by a member of the Board.. B. If a person who is not a member of the Board files a complaint, the complaint shall:. 1) Be completed on a Board-approved form;.
10.44.07.06.htm 10.44.07.06. 06 Disposition of Complaint.. A. Complaints shall be referred to the Board’s Triage Committee.. B. To the extent practicable, filed complaints shall be presented to the Board’s Triage Committee within 60 days of their receipt.C. To the extent practicable, the Board’s staff shall remove the respondent’s name and address from complaint before the documents are reviewed by theD. The name and address of the respondent shall appear on documents that are referred from the:.
10.44.07.07.htm 10.44.07.07. 07 Discipline Review Committee (DRC). A. The DRC shall:. 1) Consider and vote on the recommendations of the Triage Committee;. 2) Review documents received by the Board during the course of the Board’s investigations; and. 3) Make recommendations to the Board for the disposition of the complaint for the Board’s vote.. B. When considering the recommendations of the Triage Committee, the DRC may vote to:. 1) Accept all of the recommendations of the Triage Committee;.
10.44.07.08.htm 10.44.07.08. 08 Board Review of Complaints.. A. For each complaint, after reviewing any completed investigative information or reports and considering the recommendation of the Triage Committee or Discipline Review Committee, if applicable, the Board shall:1) Dismiss the complaint;. 2) Place the case on administrative hold;. 3) Close the case;. 4) Refer the case to peer review for mediation;. 5) Refer the matter to the:. a) Dental Well-Being Committee;. b) Dental Hygiene Well-Being Committee;.
10.44.07.09.htm 10.44.07.09. 09 Investigation of Complaints.. A. The Board's DRC shall:. 1) Review complaints; and. 2) Make a recommendation to the Board as to the disposition of the complaint.. B. Participation in the Disciplinary Review Committee is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in a complaint.C. If the Board votes to refer a matter to an investigator, to the extent practicable, the complaint shall be assigned to an
10.44.07.10.htm 10.44.07.10. 10 Charges and Notice of Initial Denial.. A. If the Board issues charges or a notice of initial denial, the Executive Director or an officer of the Board shall hand deliver or send the charges or notice of initial denial to the respondent's last known business and home addresses by certified mail.B. Charges or a notice of initial denial shall:. 1) Inform the respondent of the statutory basis for the charges or denial of licensure;.
10.44.07.11.htm 10.44.07.11. 11 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 request another party to produce, within 15 calendar days, the following:1) A list of the witnesses to be called;. 2) Copies of all 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
10.44.07.12.htm 10.44.07.12. 12 Case Resolution Conference.. A. After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference.B. At any other time during disciplinary proceedings, the Board may offer or the respondent may request a case resolution conference to discuss a disciplinary matter. The Board may grant or deny the respondent's request.C. Matters admitted, revealed, negotiated, or otherwise discussed at a case
10.44.07.13.htm 10.44.07.13. 13 Prehearing Conference.. A. Prehearing Conference. The Board may set a prehearing conference upon motion of either party, or on the Board's own motion.B. The prehearing conference may be used to:. 1) Attempt to settle the case; or. 2) Prepare for hearing by:. a) Delineating the issues;. b) Stipulating to the facts, laws, and other matters;. c) Arranging a schedule; and. d) Arranging for the submission of names of witnesses to be called and the subject matter of testimo
10.44.07.14.htm 10.44.07.14. 14 Motions.. A. A motion shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 15 days before the hearing. A copy shall be served on the opposing party.B. A response shall be filed with the Board at least 7 days before the hearing and a copy served on the opposing party.C. The Board may consider a motion on the day of the hearing..
10.44.07.15.htm 10.44.07.15. 15 Hearings on Charges or Notice of Initial Denial.. A. Hearings shall be conducted under the contested case provision of State Government Article, Title 10, Subtitle 2 and Health Occupations Article, Title 4, Annotated Code of Maryland.B. The Board may delegate its authority to hear contested cases to the Office of Administrative Hearings.C. Proceedings are closed to the public and all records, including the recommended decision, are confidential and shall be se
10.44.07.16.htm 10.44.07.16. 16 Burden of Proof.. A. A licensee against whom the Board has issued a notice of initial denial has the burden to demonstrate by a preponderance of the evidence that the licensee is entitled to licensure or to receive the benefit sought which the Board has denied.B. The State has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Dentistry Act or of the rules and regulations pr
10.44.07.17.htm 10.44.07.17. 17 Exceptions.. A. If a matter has been delegated by the Board to the Office of Administrative Hearings, each party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision.B. Unless otherwise permitted by the Board, or as otherwise specified by the administrative law judge in the recommended decision, either party shall
10.44.07.18.htm 10.44.07.18. 18 Exceptions Hearing.. A. An exceptions hearing shall be held before the Board.. B. The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and response to exceptions.C. The Board member presiding over the hearing shall determine all procedural issues and shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing.D. The respondent and the administrative prosecuto
10.44.07.19.htm 10.44.07.19. 19 Sanctioning Guidelines.. The Board shall consider the sanctioning guidelines contained in COMAR 10.44.31 before issuing a final order and before taking informal disciplinary action.
10.44.07.20.htm 10.44.07.20. 20 Board Final Decision and Order.. A. After review of the record and deliberation, the Board shall issue a final order of either:. 1) Dismissal;. 2) Revocation;. 3) Suspension;. 4) Denial of licensure;. 5) Reprimand;. 6) Probation;. 7) Civil penalty; or. 8) Other disposition as appropriate.. B. Within 15 days after the Board issues a final order, either party may file a motion for reconsideration with the Board, which the Board may grant.C. There is no right to a
10.44.07.21.htm 10.44.07.21. 21 Surrender of License.. A. The Board may require conditions for surrender of a license, including, but not limited to:. 1) The admission of a violation of the Maryland Dentistry Act;. 2) The admission of facts;. 3) A statement of the circumstances under which the surrender was offered or accepted;. 4) Restrictions on future licensure;. 5) Conditions for reinstatement of the license; or. 6) An agreement that the respondent may not apply for reinstatement of the license..
10.44.07.22.htm 10.44.07.22. 22 Summary Suspension of a License.. A. Under State Government Article, §10-226(c)2) Annotated Code of Maryland, 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. Notice of Intent to Summarily Suspend.. 1) Based on information gathered in an investigation or otherwise provided to the Board, the Board shall vote to issue a noti
10.44.07.23.htm 10.44.07.23. 23 Predeprivation Opportunity to Be Heard.. A. If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondent's license should not be suspended before the Board executes the order of summary suspension.B. A Predeprivation Show Cause Hearing before the Board.. 1) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral
10.44.07.24.htm 10.44.07.24. 24 Summary Suspension Without Prior Notice or Opportunity for Hearing.. A. In extraordinary circumstances, the Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend license or providing a respondent with an opportunity for a predeprivation hearing if:1) The Board determines that the public health, safety, and welfare require the immediate suspension of the license without p
10.44.07.25.htm 10.44.07.25. 25 Burdens of Production and Persuasion.. A. In a show cause proceeding under Regulation .19B of this chapter, the respondent may present argument in opposition to the allegations presented in the order for summary suspension or which otherwise demonstrate that the public health, safety, or welfare is not at risk.B. The administrative prosecutor bears the burden of demonstrating by a preponderance of the evidence that the health, safety, or welfare of the publi
10.44.07.26.htm 10.44.07.26. 26 Disposition.. A. If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, after the show cause hearing, it may vote to:1) Order a summary suspension;. 2) Deny the summary suspension;. 3) Enter into an order agreed upon by the parties; or. 4) Enter into any interim order warranted by the circumstances of the case, including one providing for stay of the summary suspension subject to certain conditions.B. If the Board orders a
10.44.07.27.htm 10.44.07.27. 27 Postdeprivation Opportunity for an Evidentiary Hearing.. A. If the Board orders the summary suspension of a license under Regulation .19 of this chapter, the respondent shall be provided with the opportunity for an appeal. The appeal from a summary suspension shall be an evidentiary hearing under the Administrative Procedure Act.B. The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension.C. Unless otherwise agree
10.44.07.28.htm 10.44.07.28. 28 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 it considers appropriate, including:1) Re-education or completion of approved courses;. 2) Payment of a civil penalty or donation to an approved institution providing dental services for the poor, indigent, or handicapped;3) Provision of free dental services in a Board-approved program;. 4) Entrance into and comp
10.44.07.29.htm 10.44.07.29. 29 Charges for Violation of Probation.. A. If the Board issues charges for a violation of probation, the service shall be as provided in Regulation .07A of this chapter.B. The charging document for a violation of probation shall:. 1) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order that the Board believes has been violated;2) Allege facts that the Board believes constitute either a basis for a violation of probation; and.
10.44.07.30.htm 10.44.07.30. 30 Violation of Probation Hearing.. A. The hearing shall be an evidentiary hearing held in the manner set forth in Regulation .12 of this chapter.B. The burden of proof shall be as set forth in Regulation .13 of this chapter.. C. After a hearing, the Board shall issue a final order consisting of findings of fact, conclusions of law, and an order. The order shall be a final order of the Board.D. If the Board determines that a respondent has violated probation, the Board may:.
10.44.07.31.htm 10.44.07.31. 31 Reinstatement of a License.. A. Petition for Reinstatement.. 1) A licensee shall petition the Board for reinstatement after suspension, revocation, or surrender of a license.2) Subject to contrary provisions in a final order of revocation or a surrender, the Board may not consider a petition for reinstatement after the revocation of a license or a surrender until 3 years after the effective date of the revocation or surrender.3) A licensee who petitions the Board for reinstat
10.44.07.32.htm 10.44.07.32. 32 Judicial Review.. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §4-319, and State Government Article, §10-222, Annotated Code of Maryland.
10.44.07.33.htm 10.44.07.33. 33 Imposition of Penalties.. The Board may impose a civil monetary penalty instead of or in addition to a disciplinary sanction authorized by Health Occupations Article, §4-315, Annotated Code of Maryland, and as provided in COMAR 10.44.08.
10.44.07.34.htm 10.44.07.34. 34 Recusal in Board Proceedings.. A. A Board member or the Dental Compliance Officer may not participate in an investigation or a proceeding in which the impartiality of the Board member or Dental Compliance Officer might reasonably be questioned, including, but not limited to those investigations or proceedings in which the Board member or Dental Compliance Officer has or appears to have:1) A personal bias or prejudice concerning a party; or. 2) Personal knowledge of
10.44.07.35.htm 10.44.07.35. 35 Consideration and Notice of Board Files.. In any matter governed by this chapter, the Board may take official notice of any information contained in the Board's files.
10.44.07.9999.htm 10.44.07.9999. Administrative History Effective date:. Regulations .01―09 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989) emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475)Regulation .05A amended effective November 20, 1994 (21:23 Md. R. 1933) ―. Regulations .01―09 repealed and new Regulations .01―31 adopted effective March 1, 2004 (31:4 Md. R. 317) ―chapter revised effective March 5, 2012 (39:4 Md. R. 337).
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