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10.44.29.00.htm 10.44.29.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 44 BOARD OF DENTAL EXAMINERS Chapter 29 Nominations and Balloting for Appointments to Board of Dental Examiners Authority: Health Occupations Article, §4-202, Annotated Code of Maryland
10.44.29.01.htm 10.44.29.01. 01 Scope.. In accordance with Health Occupations Article, §4-202, Annotated Code of Maryland, the Governor appoints the dentist and dental hygienist Board members, with the advice of the Secretary of Health and Mental Hygiene, from a list of names submitted to the Governor by the Board. This chapter covers the nomination and balloting process that will result in that list of names. The process of choosing consumer Board members is not covered by this chapter.
10.44.29.02.htm 10.44.29.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Board" means the Maryland State Board of Dental Examiners.. 2) Dental Hygienist.. a) "Dental hygienist" means an individual who, on the date of the mailing of the Board's notice referred to in Regulation .04B(1) of this chapter, holds a current Maryland:i) General license to practice dental hygiene;. ii) Teacher's license to practice dental hygiene;.
10.44.29.03.htm 10.44.29.03. 03 Notice to Fill Vacancies for Dentist Board Members.. A. General. If there are one or more dentist vacancies on the Board, the Board shall hold an annual election to elect nominees to fill the dentist vacancies.B. Notice.. 1) The Board shall send notice of the election referred to in §A of this regulation by regular mail to:a) Each dentist to the last known address on file with the Board; and. b) Each properly registered State dental organization affiliated with a nat
10.44.29.04.htm 10.44.29.04. 04 Notice to Fill Vacancies for Dental Hygienist Board Members.. A. General. If there are one or more dental hygienist vacancies on the Board, the Board shall hold an annual election to elect nominees to fill the dental hygienist vacancies.B. Notice.. 1) The Board shall send notice of the election referred to in §A of this regulation by regular mail to:a) Each dental hygienist to the last known address on file with the Board; and. b) Each properly registered State dental hygienist
10.44.29.05.htm 10.44.29.05. 05 Registration of Organizations.. A. A State dental organization affiliated with a national organization or a State dental hygienist organization affiliated with a national organization that wishes to nominate candidates for membership on the Board shall register with the Board on a form approved by the Board.B. Registration Form.. 1) A registration form shall include:. a) A current Certificate of Status issued by the State Department of Assessments and Taxation;.
10.44.29.06.htm 10.44.29.06. 06 Resignation; Death.. A special election may not be held for a dentist or a dental hygienist who:. A. Resigns from the Board; or. B. Dies while a Board member..
10.44.29.07.htm 10.44.29.07. 07 Qualifications.. A. Dentist.. 1) Each dentist Board member shall:. a) Be an individual of recognized ability and honor;. b) Be a practicing holder of a general license to practice dentistry who has practiced dentistry actively in this State for at least 5 years immediately before appointment; andc) Be a resident of this State.. 2) In the case of a Board member belonging to an association whose members are regulated by the Board, the dentist may not be:
10.44.29.08.htm 10.44.29.08. 08 Election Judge.. A. One of the following individuals shall be the Election Judge in the order indicated:. 1) The Board's President unless the President is:. a) Absent; or. b) Eligible for and seeks reappointment;. 2) The Board's President-Elect unless the President-Elect is:. 3) The Board's Secretary-Treasurer unless the Secretary-Treasurer is:. 4) The member of the Board who has received either a dental license or a dental hygiene license in this State before any othe
10.44.29.09.htm 10.44.29.09. 09 Balloting.. A. Balloting shall be by either:. 1) Electronic mail (e-mail) or. 2) Paper ballot.. B. A dentist may cast a single vote for a qualified candidate.. C. A dental hygienist may cast a single vote for a qualified candidate.. D. A dentist or a dental hygienist who was not mailed a written solicitation for nominations and notice of the election, or who was not mailed an e-mail solicitation to vote but is otherwise qualified to vote at the time of the election shall be perm
10.44.29.10.htm 10.44.29.10. 10 Tallying of Ballots.. A. Ballots shall be tallied by either:. 1) The Board; or. 2) A designee of the Board.. B. Ballots may be tallied electronically, manually, or a combination thereof.. C. In the event that the Board tallies the ballots for the dentist's election, the Executive Director shall tally the ballots in the presence of:1) The President of the Board;. 2) A dental hygienist member of the Board;. 3) A consumer member of the Board; and. 4) Representatives from S
10.44.29.11.htm 10.44.29.11. 11 Aggrieved Dentist or Dental Hygienist.. A. Grievance.. 1) A dentist nominee or a dental hygienist nominee aggrieved by the election process shall submit a grievance in writing by hand delivery to the offices of the Board within 5 days of the alleged occurrence.2) The grievance shall contain all relevant facts of alleged impropriety and have attached all relevant documents.3) The grievance shall be signed by the grievant, dated, and contain an affidavit from the grievant
10.44.29.12.htm 10.44.29.12. 12 Election Judge and Board's Review of Grievance.. A. The election judge shall have the responsibility and authority to resolve any matters in dispute regarding the election process.B. Except for §C of this regulation, the determination of the election judge shall be final.. C. The decision of the election judge may be reversed or modified by a 75 percent or more vote of a quorum of the Board.
10.44.29.13.htm 10.44.29.13. 13 Names of Nominees Submitted to the Governor.. A. The Board shall submit the result of the balloting to the Governor in a list of names indescending order indicating the number of votes received by each candidate.B. For dentists, the number of names on the list for each vacancy shall be as follows:. 1) One vacancy-at least four names;. 2) Two vacancies-at least three names for each vacancy; and. 3) Three or more vacancies-at least two names for each vacancy..
10.44.29.14.htm 10.44.29.14. 14 Disclosure to the Public.. The names of the individuals who are nominees may not be disclosed to the public until the names are posted on the Board's website.
10.44.29.15.htm 10.44.29.15. 15 Violations.. A. Substantial Violations.. 1) The election judge may determine that a substantial violation or violations of this chapter have occurred.2) In the event of a substantial violation of this chapter, the election judge may, in the judge's discretion and subject to Regulation .12C of this chapter, declare the election invalid.B. Nonsubstantial Violations. A violation of this chapter that is determined by the election judge not to be substantial shal
10.44.29.16.htm 10.44.29.16. 16 Invalid Elections.. A. Dentist.. 1) If an election for a dentist board member is declared invalid by the election judge, the Board shall notify by regular mail or by e-mail:a) Each dentist; and. b) Each State dental organization affiliated with a national organization.. 2) The notice referred to in §A(1) of this regulation shall state:. a) The reason that the election has been declared invalid;. b) The date, time, and location of the new election;.
10.44.29.9999.htm 10.44.29.9999. Administrative History Effective date:. Regulations .01―19 adopted as an emergency provision effective January 23, 2009 (36:4 Md. R. 345) emergency status extended to July 1, 2009 (36:10 Md. R. 715) emergency status expiredRegulations .01―16 adopted as an emergency provision effective April 6, 2010 (37:10 Md. R. 718) adopted permanently effective June 28, 2010 (37:13 Md. R. 852)
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