13B.03.01.10

.10 Maryland Instructor Certification Review Board Revocation Procedure.

A. The MICRB shall only consider written requests for revocation. Requests for revocation shall be forwarded to the sponsoring agency for a response.

B. MICRB may consider but not limit revocation for:

(1) Misconduct;

(2) Insubordination;

(3) Incompetency;

(4) Misrepresentation;

(5) Willful neglect of duty;

(6) Conviction of a felony;

(7) Conviction of a crime involving moral turpitude; and

(8) Failure to maintain required prerequisites for certification.

C. MICRB shall make a preliminary decision to revoke certification by majority vote of the MICRB members present at the specific meeting at which charges are presented.

D. Notice.

(1) Before revocation of certification, MICRB shall notify the State emergency services instructor or instructor trainer in writing by registered or certified mail sent to his or her address of record of the charges and of the preliminary revocation decision.

(2) The notice shall specify a date by which the State emergency services instructor or instructor trainer shall request, in writing, an appeal hearing. This due date may not be less than 30 calendar days from the date the MICRB mails the official notification.

(3) If an appeal hearing is not requested within the time permitted, the revocation becomes effective on the due date.

E. Appeal Hearing.

(1) Written appeal shall be received by the chairman of the MICRB not later than the date the revocation is to become effective.

(2) MICRB may not schedule an appeal hearing less than 30 calendar days, or more than 60 calendar days, after the written appeal is received by the chairman.

(3) The MICRB shall provide the appellant written notice of the hearing date not less than 15 calendar days in advance of the hearing.

(4) A quorum of the MICRB shall hear the individual, in person or by counsel. The individual may bring witnesses to the hearing.

(5) A decision to revoke is by majority vote of the MICRB members present at the appeal hearing.

(6) The MICRB shall provide to the appellant in writing the decision of the appeal hearing within 30 calendar days of the hearing.

(7) The MICRB shall set the terms of revocation.

(8) The decision of the MICRB is final and shall be communicated to the individual and the sponsoring agency.