Md. Code Regs. 10.32.21.14

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.32.21.14 - Investigations and Hearings

A. Except as otherwise provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, before the Board or a disciplinary panel takes any action under Health Occupations Article, § 14-5 F-18(a), Annotated Code of Maryland, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or disciplinary panel in accordance with the hearing requirements of Health Occupations Article, §14-405, Annotated Code of Maryland.

B. Crime Involving Moral Turpitude.

(1) On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the office of the attorney general.

C. The Board shall investigate any complaint filed with the Board that alleges that there are grounds for action under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland.

D. An investigation and any reports and recommendations related to the investigation are confidential, subject to the exceptions under §E of this regulation..

E. On the request of a person who has made a complaint to the Board, the Board shall provide the person with information on the status of the complaint.

F. The Board shall give notice and the Board or disciplinary panel hold the hearing in accordance with the Administrative Procedure Act.

G. The individual may be represented at the hearing by counsel.

H. Over the signature of an officer or the administrator of the Board or disciplinary panel, the Board or disciplinary panel may issue subpoenas and administer oaths in connection with any investigation under Health Occupations Article, § 14-5 F-18, Annotated Code of Maryland, and any hearings or proceedings before the Board or disciplinary panel.

I. If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

J. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board or disciplinary panel may hear and determine the matter.

K. Appeal.

(1) Any person aggrieved by a final decision of the Board or a disciplinary panel under Health Occupations Article, § 14-5 F-01 et seq., Annotated Code of Maryland, in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

(3) An order of the Board or a disciplinary panel may not be stayed pending judicial review.

(4) The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.

L. The Board may issue a cease and desist order for:

(1) Practicing naturopathic medicine without a license or with an unauthorized person; or

(2) Supervising or aiding an unauthorized person in the practice of naturopathic medicine.

Md. Code Regs. 10.32.21.14

Regulation .14 adopted effective 43:18 Md. R. 1017, eff. 9/12/2016