Md. Code Regs. 30.02.07.06

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

Section 30.02.07.06 - Summary Suspension Hearing

A. If a respondent requests a summary suspension hearing, the hearing shall be held within 5 business days of the receipt of the summary suspension notice by the respondent unless all parties agree to a later hearing date. The Executive Director of MIEMSS shall give all parties notice of the summary suspension hearing date and other information as required by State Government Article, § 10-208, Annotated Code of Maryland.

B. The summary suspension hearing shall be conducted by:

(1) The Executive Director of MIEMSS or in the absence of the Executive Director of MIEMSS, the State EMS Medical Director; or in the absence of both the Executive Medical Director of MIEMSS and the State EMS Medical Director, the administrative officer of MIEMSS; and

(2) The Chair of the EMS Board or, in the absence of the Chair of the EMS Board, some other member of the EMS Board.

C. Unless otherwise ordered by the individuals conducting the summary suspension hearing, the presentation of each side shall be limited to 30 minutes.

D. Oral presentation and documents shall be relevant and not unduly repetitious.

E. The individuals conducting the summary suspension hearing may question the parties and any witnesses.

F. After the hearing the individuals conducting the summary suspension hearing shall:

(1) Order or reaffirm a summary suspension if it is established by a preponderance of the evidence that the health, safety, and welfare of the public imperatively requires that the provider's license or certificate be suspended;

(2) Deny or rescind a summary suspension;

(3) Enter any order to which the parties may agree; or

(4) Enter an interim order as the circumstances may warrant.

G. Copies of the action taken shall be served on all parties by certified and regular mail at their addresses of record. If certified mail is twice returned unclaimed, service may be effected by delivery to each of the provider's affiliations of record shown on the records of MIEMSS.

H. All records, files, and other documents exchanged between parties in the course of a summary suspension hearing and preparation for a summary suspension hearing are considered subject to a confidentiality order prohibiting disclosure to anyone except the parties and their counsels of record unless otherwise agreed in writing by the parties.

Md. Code Regs. 30.02.07.06

Regulation .06B, F, and G amended effective July 1, 2002 (29:12 Md. R. 931)