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10.56.04.00.htm 10.56.04.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 56 BOARD OF DIETETIC PRACTICE Chapter 04 Hearing Procedures Authority: Health Occupations Article, §5-204, 5-205, 5-312, and 5-513; State Government Article, §10-206; Annotated Code of Maryland
10.56.04.01.htm 10.56.04.01. 01 Scope.. These regulations apply to all formal hearings before the State Board of Dietetic Practice..
10.56.04.02.htm 10.56.04.02. 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:1) Date, time, and place of the hearing;. 2) Issues or charges involved in the proceeding, provided, however, that 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 f
10.56.04.03.htm 10.56.04.03. 03 Representation of Parties.. Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.
10.56.04.04.htm 10.56.04.04. 04 Prehearing Procedures.. A. Discovery.. 1) 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 require another party to produce, within 15 days, the following:a) A list of witnesses to be called;. b) Copies of documents intended to be produced at the hearing; or. c) Both §A(1)a) and (b) of this regulation.. 2) Mandatory Discovery.. a) Each party shall provi
10.56.04.05.htm 10.56.04.05. 05 Conduct of the Hearing.. A. Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-212, Annotated Code of Maryland. Board action shall be by majority vote of those Board members present at the hearing.B. Duties of Presiding Officer..
10.56.04.06.htm 10.56.04.06. 06 Records and Transcript.. A. The Board shall prepare an official record, which shall include all pleadings, testimonies, 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 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 transcript.
10.56.04.07.htm 10.56.04.07. 07 Decision and Order.. A. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law.B. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or attorney of record.
10.56.04.08.htm 10.56.04.08. 08 Rehearings.. A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order.B. An order of the Board may not be stayed pending review.. C. The Board may consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order.
10.56.04.09.htm 10.56.04.09. 09 Appeals.. A person whose license has been revoked or suspended by the Board, or any person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by law.
10.56.04.9999.htm 10.56.04.9999. Administrative History Effective date: February 20, 1989 (16:3 Md. R. 345). Regulation .01 amended effective October 2, 2000 (27:19 Md. R. 1726). Regulation .04 amended effective October 2, 2000 (27:19 Md. R. 1726). Regulation .04C amended effective August 13, 2007 (34:16 Md. R. 1432). Regulation .04E adopted effective August 13, 2007 (34:16 Md. R. 1432). Regulation .08A, B amended effective August 13, 2007 (34:16 Md. R. 1432).
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