Md. Code Regs. 30.08.02.08

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

Section 30.08.02.08 - Appeal to the EMS Board

A. Procedures for Appeal by Hospital.

(1) Not later than 20 business days from the date a hospital receives MIEMSS' decision, the hospital may appeal MIEMSS' decision by filing written exceptions with the Executive Director for consideration by the EMS Board.

(2) For the written exceptions to be considered timely, a hospital shall file the written exceptions with the Executive Director within 20 business days from the date the hospital receives MIEMSS' decision.

(3) The exceptions shall state with specificity the reasons why MIEMSS' decision should be overturned.

(4) The hospital shall mail a copy of the exceptions to MIEMSS by first class mail, postage prepaid.

B. MIEMSS' Response.

(1) Not later than 20 business days from the date the exceptions are filed with the Executive Director, MIEMSS may file a response.

(2) MIEMSS shall mail a copy of its response to the hospital by first class mail, postage prepaid.

C. Decision of EMS Board.

(1) Not later than 90 calendar days from the date of the filing of the hospital's exceptions or MIEMSS' response, whichever is later, the EMS Board shall issue a written decision granting or denying the exceptions.

(2) If the EMS Board denies the exceptions, the proposed decision, as affirmed by the EMS Board, is the final agency decision.

(3) If the EMS Board grants the exceptions, in whole or in part, the EMS Board shall modify the proposed decision accordingly and the modified decision is the final agency decision.

(4) An appeal to the EMS Board is not a contested case as defined in State Government Article, § 10-202(d), Annotated Code of Maryland, and the decision of the EMS Board is the final agency decision and is not subject to judicial review.

Md. Code Regs. 30.08.02.08

Regulations .08 amended effective July 1, 2002 (29:12 Md. R. 932)