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10.57.06.00.htm 10.57.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS Chapter 06 Hearing Procedures Authority: Health Occupations Article, §20-205 and 20-314; State Government Article, §10-206; Annotated Code of Maryland
10.57.06.01.htm 10.57.06.01. 01 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; and. 2) Except as provided in §C of this regulation, issues or charges involved in the proceeding.. B. Service upon a party shall be by delivery of the charging document and copy of the complaint to the party in person. Instead of personal service, the Board may serve the ch
10.57.06.02.htm 10.57.06.02. 02 Representation of Parties.. Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.
10.57.06.03.htm 10.57.06.03. 03 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
10.57.06.04.htm 10.57.06.04. 04 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..
10.57.06.05.htm 10.57.06.05. 05 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.
10.57.06.06.htm 10.57.06.06. 06 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.
10.57.06.07.htm 10.57.06.07. 07 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. Action on an application shall lie in the discretion of the Board.B. Unless otherwise ordered, neither the rehearing nor the application for it stays the enforcement of the order, or excuses the individual affected for failure to comply with its terms.C. The Board may consider facts not presented in the original hearing, incl
10.57.06.08.htm 10.57.06.08. 08 Appeals.. An individual whose certificate has been revoked or suspended by the Board, or any individual placed on probation or reprimand under this chapter, may appeal the Board's decision as provided by law.
10.57.06.9999.htm 10.57.06.9999. Administrative History Effective date:. Regulations .01―08 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894) adopted permanently effective April 7, 2008 (35:7 Md. R. 749) ―Chapter recodified from COMAR 10.57.05 to COMAR 10.57.06 effective April 19, 2010 (37:8 Md. R. 617).
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