Md. Code Regs. 10.47.08.07

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

Section 10.47.08.07 - Denial, Suspension, and Revocation of Authorization of a Private or Public Entity

A. If the Department determines that a private or public entity has failed to comply with the requirements of this chapter, the Department may initiate one or more of the following actions against the private or public entity:

(1) Denial of an initial application for authorization;

(2) Denial of an application for authorization renewal;

(3) Suspension of the authorization of the private or public entity; or

(4) Revocation of authorization of the private or public entity.

B. Notification to Applicant or Private or Public Entity.

(1) The Department shall notify an applicant or private or public entity in writing of the denial of initial application for authorization, denial of application for authorization renewal, suspension of authorization, or revocation of authorization.

(2) The written notice shall include:

(a) The reason for the action taken;

(b) The effective date of the action;

(c) The procedure for appeal of the decision to deny an initial application for, or to suspend, revoke, or not renew the authorization of, a private or public entity; and

(d) Notification that the private or public entity may file an appeal of the Department's decision and that any such appeal shall be filed within 10 days of receipt of the notice.

C. Summary Suspension.

(1) Under State Government Article, § 10-226(c), Annotated Code of Maryland, the Department may summarily suspend the authorization of a private or public entity if the Department finds that the public health, safety, or welfare imperatively requires emergency action.

(2) From the time of receipt of the notice of summary suspension, the private or public entity may not:

(a) Conduct an education and training program

(b) Provide access to naloxone.

D. Reinstatement of Authorization after Suspension. The Department may lift the suspension and reinstate authorization of a private or public entity if:

(1) The private or public entity submits in writing to the Department a request for the reinstatement that documents how the conditions leading to the suspension have been remedied or corrected; and

(2) The Department verifies that the conditions leading to the suspension have been remedied or corrected.

E. Application after Revocation. After authorization of a private or public entity has been revoked for a period of 12 months, the former authorized entity may reapply for authorization approval pursuant to the process set forth in Regulation .03 of this chapter.

Md. Code Regs. 10.47.08.07

Effective date: 41:4 Md. R. 301, eff.3/3/2014 ; amended effective 43:18 Md. R. 1017, eff. 9/12/2016; amended and recodified from .08 effective 46:20 Md. R. 843, eff. 10/7/2019