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10.65.02.00.htm 10.65.02.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS Chapter 02 Rules of Procedure for Board Hearings Authority: Health Occupations Article, §6-206, 6-309, and 6-310; State Government Article, §10-206; Annotated Code of Maryland
10.65.02.01.htm 10.65.02.01. 01 Scope.. This chapter applies to all contested case hearings before the Board of Massage Therapy Examiners or before the Office of Administrative Hearings. It does not apply to conferences or other informal investigations or proceedings.
10.65.02.02.htm 10.65.02.02. 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, 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 sha
10.65.02.03.htm 10.65.02.03. 03 Representation of Parties.. Every party appearing at formal hearings has the right to appear in proper person, or by or with counsel.
10.65.02.04.htm 10.65.02.04. 04 Pre-hearing Procedures.. A. Pre-hearing Conferences. The Board may set a pre-hearing conference as it deems appropriate.. B. Oaths and Subpoenas. The Board may administer oaths and compel the attendance of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the State as in civil cases in the circuit court of the county or of Baltimore City, by subpoena issued over the signature of the President or Secr
10.65.02.05.htm 10.65.02.05. 05 Conduct of the Hearing.. A. Duties of Presiding Officer.. 1) The Board shall conduct hearings before a quorum of the Board.. 2) For purposes of a hearing under this chapter, four Board members present and entitled to vote shall constitute a quorum.3) Board action shall be by majority vote of all the members then serving.. 4) The President, or the President’s designee, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination o
10.65.02.06.htm 10.65.02.06. 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 proceeding, or part of it, shall be paid by the p
10.65.02.07.htm 10.65.02.07. 07 Decision and Order.. A. Every 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.
10.65.02.08.htm 10.65.02.08. 08 Rehearings.. A. Any 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 shall stay the enforcement of the order, or excuse the person affected by it for failure to comply with its terms.C. The Board may consider facts not presented in t
10.65.02.09.htm 10.65.02.09. 09 Appeal.. Any 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.
10.65.02.9999.htm 10.65.02.9999. Administrative History Effective date: January 2, 2017 (43:26 Md. R. 1446).
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