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10.60.04.00.htm 10.60.04.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS Chapter 04 Rules of Procedure for Board Hearings Authority: Health Occupations Article, §21-205, 21-312―21-315, and 21-401; State Government Article, §10-201―10-226; Annotated Code of Maryland
10.60.04.01.htm 10.60.04.01. 01 Scope.. This chapter governs procedures for disciplinary matters and hearings before the State Board of Environmental Health Specialists.
10.60.04.02.htm 10.60.04.02. 02 Definitions.. A. In this chapter, in addition to the definitions set forth in COMAR 10.60.01.01, the following terms have the meanings indicated.B. Terms Defined.. 1) "Administrative law judge" means the hearing officer assigned to preside over a hearing in a case the Board has delegated to the Office of Administrative Hearings.2) "Administrative Procedure Act" means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases aris
10.60.04.03.htm 10.60.04.03. 03 Confidentiality of Proceedings.. A. Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this regulation.B. The Office of Administrative Hearings' proceedings involving the adjudication of a Board-contested case and the administrative law judge's recommended decision are confidential. The respondent may not waive the confidentiality of the proceedings or of the clients whose me
10.60.04.04.htm 10.60.04.04. 04 Representation by Counsel.. A. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings.B. If the matter goes to a hearing, the respondent shall be represented in proper person or by an attorney who has been admitted to the Maryland Bar or specially admitted to practice law under Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14, Annotated Code of Maryland.C. In all proceedings, th
10.60.04.05.htm 10.60.04.05. 05 Proceedings under Health Occupations Article, §21-312, Annotated Code of Maryland.. A. Investigation of Complaints.. 1) The Board may:. a) Make a preliminary review of each complaint; and. b) Recommend that cases involving complaints over which the Board lacks jurisdiction be closed.. 2) The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee that is the subject of the complaint, to obtain a response to the allegation
10.60.04.06.htm 10.60.04.06. 06 Sanctions, Hearings, and Final Order.. A. Surrender of License.. 1) The Board may require conditions for surrender of a license, including:. a) An admission of a violation of the Maryland Environmental Health Specialists Act;. b) An admission of facts;. c) A statement of the circumstances under which the surrender was offered or accepted;. d) Restrictions on future licensure;. e) Conditions for reinstatement of the license; or.
10.60.04.07.htm 10.60.04.07. 07 Summary Suspension of a License.. A. Pursuant to its authority under State Government Article, §10-226(c)2) Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee 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 to the Board, the Board m
10.60.04.08.htm 10.60.04.08. 08 Probation and Violation of Probation Proceedings.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including:1) Reeducation or completion of approved courses;. 2) Payment of a fine;. 3) Providing free environmental health specialist services in a Board-approved program;. 4) Practicing under supervision;. 5) Monitoring by the Board or by an individual or entity approved by the Bo
10.60.04.09.htm 10.60.04.09. 09 Right of Appeal.. A. An individual whose certificate has been revoked or suspended by the Board, or an individual placed on probation or reprimand under the regulations in this chapter, may appeal the Board’s decision as provided by the law.B. A licensee or certificate holder shall pay to the Board a penalty imposed under this chapter as of the date the Board’s order is issued, unless the Board’s order specifies otherwise.C. Filing an appeal under State Government Article
10.60.04.10.htm 10.60.04.10. 10 Restoration of a License.. A. Reinstatement.. 1) A licensee shall petition the Board for a termination of a suspension of a license or a reinstatement after revocation or surrender of a license.2) A licensee that petitions the Board for reinstatement under the terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions.3) A licensee whose licen
10.60.04.11.htm 10.60.04.11. 11 Judicial Review.. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §21-314 and State Government Article, §10-222, Annotated Code of Maryland.
10.60.04.12.htm 10.60.04.12. 12 Fines.. A. This regulation establishes the standards by which the Board may impose a fine not exceeding $5,000.B. After a hearing under Health Occupations Article, §21-313, Annotated Code of Maryland, and COMAR 10.60.04, the Board may impose a fine, in addition to, or instead of:1) Reprimanding a licensee;. 2) Placing a licensee on probation; or. 3) Suspending or revoking a license.. C. In determining whether to impose a fine and the amount of the fine, the
10.60.04.13.htm 10.60.04.13. 13 Cost Recovery.. If after a hearing, a licensee is found to have violated any of the provisions of Health Occupations Article, §21-312, Annotated Code of Maryland, the Board shall be entitled to reimbursement of costs by the licensee including any or all of the following items:A. Services rendered by court reporters;. B. Transcription of the hearing record by court reporters;. C. Expenses related to witnesses appearing for the State;.
10.60.04.9999.htm 10.60.04.9999. Administrative History Effective date:. Regulations .01―12 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469) adopted permanently effective April 15, 2013 (40:7 Md. R. 612) ―Chapter revised effective March 13, 2017 (44:5 Md. R. 294).
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