Md. Code Regs. 10.22.03.07

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

Section 10.22.03.07 - Procedures for Hearings

A. If the Secretary proposes to deny a license or take disciplinary action against a licensee, the Director shall give the licensee written notice according to Regulation .06 of this chapter.

B. Within 10 working days of receipt of the notice, the governing body or health officer may file a written request for a hearing with the Office of Administrative Hearings with copies of the request to the:

(1) Director;

(2) Regional director; and

(3) Administrative prosecutor.

C. If the governing body or the health officer does not file a request for a hearing within 10 working days of receipt of the notification, the licensee waives its right to request a hearing, and the Director may implement the proposed action.

D. If a timely request for a hearing has been received, the Office of Administrative Hearings shall:

(1) Notify the Director, the governing body or health officer, the regional director, and administrative prosecutor of the date, time, and location of the hearing; and

(2) In accordance with COMAR 28.02.01, hold a hearing and, unless the final decision is delegated to the Office of Administrative Hearings, render a proposed decision to the Director.

E. After giving the parties the opportunity to file exceptions under the provisions of State Government Article, § 10-216, Annotated Code of Maryland, the Secretary shall issue a final decision according to State Government Article, § 10-221, Annotated Code of Maryland, and send notice to the:

(1) Governing body or the health officer;

(2) Regional director;

(3) Medical Care Programs;

(4) Individual and, if appropriate, their family or proponents; and

(5) Health Care Financing Administration.

F. A licensee may appeal a final decision from a contested case by following the provisions of Health-General Article, §2-207, and State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

G. In addition to disposing of a case by a hearing, the Director may dispose of a contested case by:

(1) Stipulation;

(2) Settlement;

(3) Consent order;

(4) Default;

(5) Withdrawal;

(6) Summary disposition; or

(7) Dismissal.

H. If disciplinary action is taken against a licensee, the Director shall notify the appropriate parties which include, but are not limited to the:

(1) Health Care Financing Administration;

(2) Medical Care Programs;

(3) Licensing and Certification Administration;

(4) DHMH Corporate Compliance Office; and

(5) Maryland Disability Law Center.

Md. Code Regs. 10.22.03.07

Regulations .07 amended effective July 25, 1980 (7:15 Md. R. 1425)
Regulations .07, Group Homes for the Mentally Retarded, repealed effective September 21, 1986 (13:19 Md. R. 2121)
Regulations .07, Community Residential Services for Mentally Retarded and Nonretarded Developmentally Disabled Individuals, adopted effective September 12, 1986 (13:19 Md. R. 2121)