Md. Code Regs. 10.22.03.05

Current through Register Vol. 51, No. 25, December 13, 2024

Section 10.22.03.05 - Summary Suspension

A. Pursuant to State Government Article, § 10-226(c)(2), Annotated Code of Maryland, and if appropriate, after a pre-deprivation hearing, the Director may summarily order the suspension of a license if the Administration finds that the public health, safety, or welfare imperatively requires emergency action.

B. The Director shall notify the licensee in writing of the suspension, the findings, and the reasons that support the findings, and, when appropriate, the opportunity for a pre-deprivation hearing. The notice shall include:

(1) The proposed order for summary suspension which includes:

(a) The statutory and regulatory authority upon which the order is based,

(b) The facts supporting the alleged violations of law,

(c) The facts supporting the belief that there is an imminent danger to the health, safety, and welfare of individuals, and

(d) The licensee's right to appeal the summary suspension, if executed by the Director; and

(2) A show cause notice providing an opportunity for the licensee to show cause as to why the order should not be issued if the public health, safety, and welfare permits.

C. The Director may suspend a license without prior notice and the opportunity to be heard if:

(1) The Director determines that the health, welfare, and safety of the public imperatively requires immediate suspension;

(2) Notice of an opportunity to be heard before the action is not feasible; and

(3) The Administration provides the licensee with a post-deprivation hearing opportunity within 15 working days of the suspension.

D. The Administration shall:

(1) Notify the individuals being served by the licensee and, if appropriate, their families or proponents, regarding the summary suspension; and

(2) Assist the individuals in finding alternative services if the license is summarily suspended.

Md. Code Regs. 10.22.03.05

Regulations .05 amended effective July 25, 1980 (7:15 Md. R. 1425)
Regulations .05, Group Homes for the Mentally Retarded, repealed effective September 21, 1986 (13:19 Md. R. 2121)
Regulations .05, Community Residential Services for Mentally Retarded and Nonretarded Developmentally Disabled Individuals, adopted effective September 12, 1986 (13:19 Md. R. 2121)