10.07.16.20

.20 Emergency Suspension.

A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.

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

(1) Informing the licensee 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 licensee of the licensee's 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. When a license is immediately suspended, the licensee shall:

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

(2) Stop providing services immediately.

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 .22 of this chapter.

F. The Office on Administrative Hearings shall conduct a hearing as set forth in Regulation .22 of this chapter and issue a proposed decision. 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 licensee may resume operation.