Md. Code Regs. 30.02.07.03

Current through Register Vol. 51, No. 24, December 2, 2024

Section 30.02.07.03 - Procedure for Summary Suspension after Notice and an Opportunity To Be Heard

A. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee shall issue a written summary suspension notice to the respondent that:

(1) Includes the proposed summary suspension order which shall state the:

(a) Statutory and regulatory authority upon which it is based,

(b) Facts upon which it is based, and

(c) Summary action which is to be taken;

(2) Provides the respondent the right to show cause why the proposed summary suspension order should not be issued;

(3) Advises the respondent of the right:

(a) To a summary suspension hearing within 5 business days of receipt of the summary suspension notice and how to request a hearing,

(b) To a full evidentiary hearing to review any summary suspension which is ordered following a summary suspension hearing and how to request a hearing,

(c) To review by a circuit court if the respondent has exhausted the administrative remedies provided in this regulation,

(d) To representation by counsel,

(e) To call witnesses and submit documents under State Government Article, § 10-213(f), Annotated Code of Maryland,

(f) To subpoena witnesses and other evidence subject to payment of the actual cost of service, and

(g) Of the parties to agree on the evidence and waive the right to appear at the hearing;

(4) Advises the respondent that if a summary suspension hearing is not requested or if a hearing is requested and the respondent does not appear, the summary suspension will be entered as provided in the proposed summary suspension order and will be final and binding until further action by the EMS Board under COMAR 30.02.05; and

(5) Provides further information as required by State Government Article, § 10-207, Annotated Code of Maryland.

B. Service of the summary suspension notice and proposed summary suspension order shall be by personal delivery.

Md. Code Regs. 30.02.07.03