Md. Code Regs. 36.07.02.18

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

Section 36.07.02.18 - Recommended Actions and Hearings

A. Recommended Sanctions.

(1) The Director or the Director's designee may recommend a sanction concerning a license.

(2) If the Director or the Director's designee recommends a sanction, including revocation, the Director or Director's designee shall promptly provide the licensee with written notice of the:

(a) Recommendation;

(b) Basis for the recommendation; and

(c) Applicant's right to request a hearing with the Commission.

(3) A licensee may submit to the Commission a request for a hearing:

(a) Within 15 days of the date of the recommendation of the Director or the Director's designee; and

(b) Identifying the legal and factual bases for disagreeing with the recommendation of the Director or the Director's designee.

(4) If a licensee fails to timely submit a hearing request under §A(3) of this regulation the Commission may adopt as final the recommendation of the Director or the Director's designee.

B. Denial of a License.

(1) After reviewing an application submitted under Regulation .02 of this chapter, the Director or the Director's designee may recommend that the Commission deny a license.

(2) If the Director or Director's designee recommends that the Commission deny a license, the Director, or the Director's designee, shall promptly provide the applicant with written notice of the:

(a) Recommendation for denial;

(b) Basis for the recommendation; and

(c) Applicant's right to request a reconsideration meeting with the Director or the Director's designee.

(3) An applicant may submit to the Commission a written request for a reconsideration meeting within 15 days of the date of the notice described in §B(1) of this regulation.

(4) If an applicant fails to timely submit a request under §B(2) of this regulation, the Commission may adopt as final the recommendation of the Director or the Director's designee.

(5) During a reconsideration meeting, an applicant may:

(a) Be represented by counsel; and

(b) Present evidence as to why the license should be granted;

(6) If after the reconsideration meeting the applicant is dissatisfied with the recommendation of the Director or the Director's designee, the applicant may submit to the Commission, in writing:

(a) A request for hearing before the Commission on the recommendation of the Director or the Director's designee; and

(b) The applicant's legal and factual bases for disagreeing with the recommendation of the Director or the Director's designee.

(7) An applicant may submit a hearing request to the Commission within 15 days of the date of the recommendation of the Director or the Director's designee after the reconsideration meeting.

(8) If an applicant fails to timely submit a hearing request under §B(5), the Commission may adopt as final the recommendation of the Director or the Director's designee.

(9) A hearing request that complies with §B(5) and (6) of this regulation shall be the subject of a hearing before the Commission, after which the Commission shall:

(a) Determine that the applicant is qualified and grant the license; or

(b) Determine that the applicant is not qualified or disqualified; and

(i) Deny the license; and

(ii) Prepare an order denying the license with a statement of the reasons and specific findings of fact.

(10) The Commission's decision is final.

C. A Commission hearing shall be conducted in the manner specified in:

(1) State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and

(2) COMAR 36.01.02.06.

Md. Code Regs. 36.07.02.18

Regulations .18 adopted as an emergency provision effective 40:20 Md. R. 1650, eff.8/26/2013 ; adopted permanently effective December 12, 2013 40:24 Md. R. 2019, eff.8/26/2013 ; amended effective 50:26 Md. R. 1130, effective 12/12/2023, exp. 6/9/2024 (Emergency); amended effective 51:10 Md. R. 529, eff. 5/27/2024.