Md. Code Regs. 15.14.02.01-1

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

Section 15.14.02.01-1 - Notice

A. Notice of Board Action.

(1) The Board shall give written notice to a person against whom it is taking action at least 10 days before the scheduled hearing.

(2) The notice shall state:

(a) The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are involved;

(b) The pertinent regulatory and statutory provisions under which this action is being taken;

(c) The sanction proposed or the potential penalty, if any, as a result of the Board's action;

(d) Unless a hearing has been scheduled, the person's opportunity to request a hearing before the Board, including the requirement that the request be in writing and submitted to the Board within 10 days from receipt of the notice; and

(e) The direct consequences, sanction, and potential penalty, if any, of the person's failure to exercise, in a timely manner, the opportunity for a hearing or to appear for a scheduled hearing.

B. Contested Case Hearing.

(1) If the Board conducts a contested case hearing, it shall give all parties written notice of the hearing at least 10 days before the scheduled hearing.

(2) The written notice shall state:

(a) The date, time, place, and nature of the hearing;

(b) The right to call witnesses and submit documents or other evidence under State Government Article, § 10-213(f), Annotated Code of Maryland;

(c) Any applicable right to request subpoenas for witnesses and evidence and the costs, if any, associated with such a request;

(d) The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are included;

(e) That a copy of the hearing procedure is available on request, and the cost, if any, associated with such a request;

(f) The right to be heard personally and to be represented by counsel before the Board;

(g) The right to confront witnesses;

(h) That failure to appear for the scheduled hearing may result in an adverse action against the party; and

(i) That the parties may agree to the evidence and waive their right to appear at the hearing.

C. The Board shall provide to the licensee the required notice by certified mail, return receipt requested, bearing a postmark from the U.S. Postal Service, addressed to the post office address shown on the annual registration or other information the Board possesses.

D. The Board may provide the licensee notice by regular mail to the licensee's address of record if the Board has been unsuccessful in giving notice as provided under §C of this regulation.

Md. Code Regs. 15.14.02.01-1