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10.58.04.00.htm 10.58.04.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS Chapter 04 Hearing Procedures Authority: Health Occupations Article, §17-205, 17-509, and 17-511; State Government Article, §10-205, 10-206, 10-216, and 10-226(c)2) Annotated Code of Maryland
10.58.04.01.htm 10.58.04.01. 01 Scope.. These regulations apply to all formal hearings before the Board of Examiners of Professional Counselors.
10.58.04.02.htm 10.58.04.02. 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; and. 2) Issues or charges involved in the proceeding, provided, however, that if by reason of the nature of the proceeding, the issues cannot be stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully s
10.58.04.03.htm 10.58.04.03. 03 Representation of Parties.. Each party appearing at a formal hearing shall have the right to appear in proper person, or by or with counsel.
10.58.04.04.htm 10.58.04.04. 04 Prehearing Procedures.. A. Discovery.. 1) Discovery on Request. By written request served on the other party and filed with the Board, 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 provide to the other party not later than 15 days befor
10.58.04.05.htm 10.58.04.05. 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. If hearing authority is not delegated, Board action shall be by a majority vote of those Board members then serving on tB. Duties of Presiding Officer..
10.58.04.06.htm 10.58.04.06. 06 Records and Transcript.. 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
10.58.04.07.htm 10.58.04.07. 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.
10.58.04.08.htm 10.58.04.08. 08 Rehearings.. A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on the party 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 person affected for failure to comply with its terms.C. The Board may consider facts not presented in t
10.58.04.09.htm 10.58.04.09. 09 Appeals.. A person whose certificate has been revoked or suspended by the Board, or a person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by the law.
10.58.04.10.htm 10.58.04.10. 10 Summary Suspension of a License or Certificate.. A. Pursuant to State Government Article, §10- 226(c)2) Annotated Code of Maryland, the Board may order the summary suspension of a license holder if the Board determines that there is substantial likelihood that a licensee or certificate holder 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
10.58.04.9999.htm 10.58.04.9999. Administrative History Effective date: April 2, 1990 (17:6 Md. R. 742). Regulation .01 amended effective March 20, 2000 (27:5 Md. R. 584). Regulation .04A amended effective March 20, 2000 (27:5 Md. R. 584). Regulation .10 adopted effective September 14, 2015 (42:18 Md. R. 1175).
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