Skip to Main Content
<< Back | Return to Main COMAR Search Page

10 records match your request.

FileAbstract
10.46.03.00.htm 10.46.03.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE Chapter 03 Procedure for Board Hearings Authority: Health Occupations Article, §10-205 and 10-316; State Government Article, §10-205 and 10-206; Annotated Code of Maryland
10.46.03.01.htm 10.46.03.01. 01 Scope.. This chapter applies to all formal hearings before the Board of Occupational Therapy Practice. They do not apply to informal investigations, meetings, or proceedings when no formal ruling or decision is made.
10.46.03.02.htm 10.46.03.02. 02 Notice of Hearing.. A. Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time, and place of the hearing. It shall also state the issues or charges involved in the proceeding.B. If, by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon
10.46.03.03.htm 10.46.03.03. 03 Representation of Parties.. All parties appearing at formal hearings shall have the right to appear in proper person, or by or with counsel.
10.46.03.04.htm 10.46.03.04. 04 Prehearing Procedures.. A. Prehearing Conferences. The Board may set a prehearing conference as it deems appropriate.. B. Case Resolution Conference (CRC) Committee.. 1) One or more Board members comprise a committee which makes recommendations to the Board with regard to proposed disposition of matters before hearing.2) After service of charges or the response to the notice of intent to deny, the Board shall offer the respondent a case resolution conference (CRC)
10.46.03.05.htm 10.46.03.05. 05 Conduct of the Hearing.. A. Board Majority. Except as provided in §B of this regulation, each hearing shall be held before a majority of the Board.B. Delegation. The Board may delegate the authority to conduct the hearing to a committee in accordance with Health Occupations Article, §10-316, Annotated Code of Maryland, or to an administrative law judge in accordance with State Government Article, §10-205, Annotated Code of Maryland.C. Duties of Presiding Officer..
10.46.03.06.htm 10.46.03.06. 06 Records and Transcripts.. A. The Board shall prepare an official record which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.B. A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceedings, or part of them, shall be paid by the party requesting the tr
10.46.03.07.htm 10.46.03.07. 07 Decision and Order.. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or his attorney of record.
10.46.03.08.htm 10.46.03.08. 08 Rehearings.. A. Any party aggrieved by the decision and order may apply for rehearing within 10 days after service of the decision and order. Action on an application shall lie in the discretion of the Board.B. Unless otherwise ordered, neither the rehearing nor the application for it shall stay the enforcement of the order, or excuse the persons affected by it for failure to comply with its terms.C. On rehearing, the Board shall only consider facts not presented in the o
10.46.03.9999.htm 10.46.03.9999. Administrative History Effective date: January 31, 1983 (10:2 Md. R. 109). Regulation .01 amended effective April 21, 2008 (35:8 Md. R. 805). Regulation .02A amended effective April 21, 2008 (35:8 Md. R. 805). Regulation .04 amended effective October 1, 2000 (27:17 Md. R. 1620) April 21, 2008 (35:8 Md. R. 805)Regulation .05 amended effective October 1, 2000 (27:17 Md. R. 1620). Regulation .05C amended effective January 30, 1995 (22:2 Md. R. 77) April 21, 2008 (35:8 Md. R. 805).
<< Back | Return to Main COMAR Search Page