Md. Code Regs. 26.05.04.03

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

Section 26.05.04.03 - Procedures for Disciplinary Action

A. Right to Hearing.

(1) Before taking any action pursuant to Regulation .01 of this chapter, the Board shall give the licensee against whom the action is contemplated an opportunity for a hearing before the Board.

(2) Notice.

(a) The hearing notice shall be served personally or sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the licensee at least 30 days before the hearing.

(b) The notice shall:

(i) State the time, place, and nature of the hearing;

(ii) State the authority of the agency to hold the hearing;

(iii) Cite the specific section of each statute and regulation, including a procedural regulation, that is pertinent;

(iv) State concisely and simply the facts that are asserted, or if the facts cannot be stated in detail when the notice is given, the issues that are involved; and

(v) State the time, date, and place of any prehearing conference.

(c) If, after due notice is given pursuant to §A(2)(a), of this regulation, the licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

B. Prehearing Conference.

(1) At the discretion of the Board or at the request of a party, the Board may set a prehearing conference to be held at least 1 week in advance of the scheduled hearing.

(2) At the prehearing conference, the parties shall be prepared to:

(a) Designate the witness they expect to call;

(b) Disclose the physical evidence they will present at the hearing;

(c) Reach agreement on undisputed matters; and

(d) Discuss settlement possibilities.

C. Hearing Procedures.

(1) The licensee may be represented by counsel at the hearing.

(2) Hearings shall be held before a quorum of the Board.

(3) The chairman, or in the chairman's absence the chairman's designee, shall:

(a) Conduct the hearing;

(b) Determine the order in which the case is to be presented;

(c) Rule on the advisability of evidence;

(d) Adjourn;

(e) Recess the hearing from time to time; and

(f) Call any person to testify as the chairman or any member of the Board deems appropriate.

(4) Members of the Board may examine any witness.

(5) The Board's counsel has all the rights as counsel to a party.

(6) The rules of evidence in all hearings under these regulations are set forth in State Government Article, § 10-208 and 10-209, Annotated Code of Maryland.

D. Briefs.

(1) A party may, and on request of the Board shall, submit briefs of the issues of fact and law involved in the hearing.

(2) The briefs shall be filed in the form, with the number of copies, and at the time the presiding officer designates.

E. Decision and Order.

(1) Each decision and order rendered by the Board shall be in writing and accompanied by findings of fact and conclusion of law.

(2) Findings of fact consist of a concise statement of the conclusion upon each contested issue of fact.

(3) A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or the party's attorney of record.

F. Rehearing.

(1) A party aggrieved by the decision and order rendered in a particular case may apply for rehearing for good cause shown within 10 days after notification of the decision and order. The determination of whether good cause for a rehearing has been shown is in the Board's sole discretion, subject to the provision of §G, of this regulation.

(2) Unless otherwise ordered, neither the rehearing nor the application for rehearing stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms.

G. Judicial Review. A party aggrieved by the final decision in a contested case, whether the party has applied for a rehearing, is entitled to judicial review in accordance with State Government Article, § 10-215, Annotated Code of Maryland.

Md. Code Regs. 26.05.04.03