10.07.03.15

.15 Emergency Suspensions.

A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action pursuant to State Government Article, §10-226(c), Annotated Code of Maryland.

B. The Department shall deliver a written notice to the agency:

(1) Informing the agency of the emergency suspension;

(2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that form the basis for the emergency suspension; and

(3) Notifying the agency of its right to request a hearing and to be represented by counsel.

C. The filing of a hearing request does not stay the emergency action.

D. Suspended License. If a license is suspended by emergency action, the agency shall:

(1) Immediately return the license to the Department; and

(2) Cease making referrals.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .17 of this chapter.

F. The Office of Administrative Hearings shall conduct a hearing as provided in Regulation .17 of this chapter and issue a proposed decision within 10 business days of the close of the hearing record. Exceptions may be filed by an aggrieved person pursuant to COMAR 10.01.03. The Secretary shall make a final decision pursuant to COMAR 10.01.03.

G. If the Secretary's final decision does not uphold the emergency suspension, the agency may resume operation.