10.32.02.05

.05 Disciplinary Panel Exceptions Process and Final Order.

A. Application.

(1) This regulation applies to cases under Health Occupations Article, §§1-307, 14-405, 14-5A-17(b), 14-5B-14(b), 14-5C-17(b), 14-5D-15, 14-5E-16(b), 14-5F-18(b) and 15-315 Annotated Code of Maryland.

(2) This regulation does not apply to cases under Health Occupations Article, §14-404(b), 14-5A-17(c), 14-5B-14(c), 14-5C-14(c), 14-5D-14(b), 14-5E-16(f), or 14-5F-18(c) or 15-314(b), Annotated Code of Maryland, or to cease and desist orders issued under Health Occupations Article, §14-206(e), Annotated Code of Maryland.

B. Exceptions.

(1) Written Exceptions.

(a) Any party may file with the disciplinary panel, that delegated the case to an administrative law judge, exceptions to a proposed decision of an administrative law judge within 15 days of its issuance. A party may file a response to any exceptions within 15 days of the date the exceptions are filed. The disciplinary panel may extend the period for filing exceptions and responses. The disciplinary panel may grant a party filing exceptions the opportunity to file a reply to a response within a stated period of time as determined by the disciplinary panel in any specific case. No further exceptions or responses of any kind may be accepted.

(b) Format.

(i) Written exceptions and responses to exceptions are limited to 15 pages in length, double-spaced and in at least 12-point type, and with margins of at least 1 inch.

(ii) Any reply to responses to exceptions is limited to five pages in the same format.

(iii) If a party attaches any part of the record to the exceptions, response, or reply, the attached pages are not to be encompassed within the applicable page limit. The disciplinary panel may require the attachment of those parts of the record cited in the exceptions in a form designated by the Board.

(c) Exceptions, responses, and replies may refer to the record by citing the exhibit number or the transcript page.

(d) The disciplinary panel chair or the disciplinary panel chairís designee may in each case rule on specific procedural issues with respect to written exceptions.

(e) The disciplinary panel may not accept additional evidence through the written exceptions process.

(2) Oral Exceptions Hearing.

(a) If either party files exceptions, the disciplinary panel shall schedule a hearing, ordinarily 30 days after the receipt of responses to the exceptions, after which the disciplinary panel shall issue an order containing the disciplinary panelís findings of fact, conclusions of law, and disposition.

(b) The presiding disciplinary panel member, usually the disciplinary panel chair, shall:

(i) Determine all procedural issues that are governed by this section;

(ii) Make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing; and

(iii) Ordinarily limit oral presentation by the respondent and the administrative prosecutor to 20 minutes each.

(c) The party who filed the first exceptions shall ordinarily proceed first.

(3) Additional Evidence. At the oral exceptions hearing, the disciplinary panel may not accept additional evidence unless:

(a) Both parties consent to the admission of additional documentary evidence and the disciplinary panel determines that acceptance of the additional evidence would promote the just and efficient completion of the process; or

(b) The disciplinary panel determines that either:

(i) A compelling reason exists that would create an obvious injustice if the additional documentary evidence were not considered and the evidence can be admitted without compromising the rights of the other party, including the other partyís opportunity to see the proffered evidence in a timely manner or cross-examine the source of the proffered document and present evidence to the contrary; or

(ii) The evidence has been timely proffered before the administrative law judge and the administrative law judge abused his or her discretion in refusing to admit the evidence.

(4) If the parties do not file exceptions, the disciplinary panel shall consider the record, including the proposed decision of the administrative law judge, and issue its order based on the disciplinary panelís findings of fact and conclusions of law.

(5) A Board staff member who testified at the hearing before the administrative law judge may not be present during disciplinary panel deliberations.

C. Board Action.

(1) Final Order. The disciplinary panel shall issue a final order within 90 days after the conclusion of:

(a) An exceptions hearing; or

(b) Other formal disciplinary panel proceedings.

(2) Effect of Revocation Order.

(a) When a time period is not stated in an order for revocation, the disciplinary panel may not entertain an application for postdisciplinary reinstatement until at least 3 years after the date of the order.

(b) A revocation of a license may not be for less than 1 year and may be permanent.

(c) The disciplinary panel may not entertain an application for postdisciplinary reinstatement after an order of revocation unless:

(i) Any time period stated in the order has expired;

(ii) The conditions set out in the order have been fulfilled;

(iii) The applicant has filed a formal application and paid the fee; and

(iv) The applicant meets all of the requirements for reinstatement set out in COMAR 10.32.01.10.

(d) The disciplinary panel that issued the final order revoking or suspending the respondent shall entertain applications for reinstatement pursuant to the procedures and standards of Regulation .06B of this chapter.

(3) Tolling.

(a) Except as a disciplinary panel order directs otherwise in a specific case, if a licensee subject to probation or suspension fails to renew a license:

(i) The failure to renew the license does not remove the suspension or probation from the licenseeís disciplinary record during the period of nonrenewal;

(ii) Any condition of probation or condition precedent to terminating a suspension that is dependent on possessing a license is tolled until the probationer or suspended licensee again possesses a license; and

(iii) The time period of probation or suspension, if any, is tolled until the probationer or suspended licensee again possesses a license.

(b) Section C(3)(a) of this regulation does not:

(i) Apply to fines; or

(ii) Require the disciplinary panel to reinstate any former licensee.