10.32.02.09

.09 Summary Suspension.

A. State Government Article, §10-226(c), Annotated Code of Maryland, governs consideration of summary suspension of a license.

B. Notice of Intent to Summarily Suspend.

(1) Based on information gathered during an investigation, the Board may determine that there is a substantial likelihood of a risk of serious harm to the public health, safety, or welfare by the health provider, and vote an intent to summarily suspend the license of the respondent.

(2) If the Board votes an intent to summarily suspend, the Board shall refer the matter to the administrative prosecutor for prosecutorial action.

(3) Based upon a review of the case, the prosecutor may refer the matter back to the Board for further consideration.

(4) Notice to the respondent includes a:

(a) Proposed order for summary suspension; and

(b) Show cause notice letter providing an opportunity to the respondent to show cause why the order should not be issued.

(5) The proposed order for summary suspension includes but is not limited to:

(a) The statutory authority upon which the order is based;

(b) Notification that the respondent may request a full hearing to appeal the summary suspension, if executed by the Board; and

(c) Statements of investigatory information which serve as a basis for the order.

(6) Service.

(a) The Board shall serve the respondent:

(i) At least 5 calendar days before a predeprivation hearing; and

(ii) By regular mail or hand delivery at the address the respondent maintains for purposes of licensure notice.

(b) The Board may choose to serve the respondent personally.

(7) A show cause notice may not be required in extraordinary circumstances. The Board, after consultation with the Board's counsel, may suspend a license, registration, or certification without prior notice and opportunity to be heard, if:

(a) The Board determines that the health, welfare, and safety of the public or the physician imperatively requires immediate suspension;

(b) Notice and opportunity to be heard before the action is not feasible; and

(c) The respondent is provided with a postdeprivation opportunity to be heard by the Board within 15 days.

C. Representation.

(1) The respondent may appear in proper person or be represented by counsel in any matter before the Board. If represented at an evidentiary hearing, the respondent shall be represented only by an attorney admitted to the Maryland Bar or specially admitted to practice law in Maryland under Rule 14 of the Rules Governing Admission to the Bar found in the Maryland Rules.

(2) The administrative prosecutor shall appear in prosecution of the case.

D. Predeprivation Hearing Before the Board.

(1) The presiding Board member shall determine all procedural issues that are governed by this section, and may impose reasonable time limitations. The presiding Board member may make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing, and shall limit the oral presentation by the respondent and the administrative prosecutor to 20 minutes each. The respondent shall proceed first.

(2) The presiding Board member:

(a) Shall allow for consideration of oral presentations and documents considered by the presiding Board member to be relevant and material to the proceeding and not unduly repetitious; and

(b) May not admit oral testimony or witnesses.

(3) The Board members may ask any questions of any party appearing before the Board.

E. If the Board proceeds under §B(7) of this regulation, the Board shall hold a postdeprivation initial hearing. The Board shall conduct the hearing in accordance with §D of this regulation unless the parties waive this hearing and proceed to the summary suspension appeal.

F. Burdens of Production and Persuasion.

(1) The respondent may present argument in opposition to allegations presented in the proposed order for summary suspension.

(2) The administrative prosecutor bears the burden to show by a preponderance of the evidence that the health, welfare, and safety of the public imperatively requires the Board to issue an order to suspend the respondent's license.

G. After the predeprivation hearing, the Board shall vote to:

(1) Order a summary suspension;

(2) Deny the summary suspension;

(3) Enter any order to which the parties may agree; or

(4) Enter any interim order which the circumstances of the case warrant.

H. After the postdeprivation hearing, the Board shall vote to:

(1) Reaffirm the summary suspension;

(2) Rescind the summary suspension;

(3) Enter any order to which the parties may agree; or

(4) Enter any interim order which the circumstances of the case warrant.

I. The respondent may demand a full evidentiary hearing on the merits within 10 days of the issuance of a summary suspension order, and the Office of Administrative Hearings shall set a hearing within 30 days of the demand.

J. Evidentiary Hearing Before the Administrative Law Judge.

(1) The appeal from a summary suspension shall be an evidentiary hearing under the Administrative Procedure Act.

(2) After a full evidentiary hearing, the administrative law judge shall provide the Board with proposed findings of fact and conclusions of law and proposed disposition. The administrative prosecutor and respondent may file exceptions in accordance with Regulation .05B of this chapter. After the Board issues its final order, the respondent may appeal this decision in accordance with Regulation .07 of this chapter.