Md. Code Regs. 36.10.08.08

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

Section 36.10.08.08 - Hearings

A. The Commission shall provide the applicant a hearing notice for a hearing held under COMAR 36.01.02.06:

(1) Upon receipt of a timely written hearing request submitted under Regulation .06C of this chapter; or

(2) For hearings held under Regulation .07B of this chapter.

B. Hearings Before the Commission. For any hearing under this regulation held before the Commission, the Commission shall:

(1) Determine if the licensee is subject to sanction pursuant to the:

(a) Notice of recommended sanction issued under Regulation .06B of this chapter; or

(b) Notice of emergency suspension issued under Regulation .07B of this chapter;

(2) Impose the sanction the Commission deems appropriate, if the Commission determines that a licensee is subject to sanction;

(3) If a sanction is imposed, prepare an order stating the Commission's findings of fact, conclusions of law, and basis for the sanction; and

(4) Provide the licensee with written notification of the sanction as the Commission's final action on the license.

C. Hearings Delegated to the Office of Administrative Hearings.

(1) For any hearing held under this regulation and delegated to the Office of Administrative Hearings for a final action on the license under COMAR 36.01.02.06O:

(a) The decision issued by Office of Administrative Hearings is the Commission's final action on the license; and

(b) The Commission reserves the right to seek judicial review of the decision issued by Office of Administrative Hearings under Regulation .09 of this chapter.

(2) For any hearing delegated to the Office of Administrative Hearings for a recommended decision under COMAR 36.01.02.06O:

(a) The Director may designate a staff member to review the recommended decision who has not reviewed the license under Regulations .02-.06 of this chapter; and

(b) The Director or the Director's designee shall review the Administrative Law Judge's recommended decision consistent with the terms of the delegation made and:

(i) Provide the applicant and staff an opportunity to present exceptions pursuant to State Government Article § 10-216, Annotated Code of Maryland; and

(ii) After reviewing any exceptions filed by the applicant and staff, issue an order pursuant to State Government Article § 10220, Annotated Code of Maryland, that constitutes the Commission's final action on the license.

Md. Code Regs. 36.10.08.08

Amended effective 49:1 Md. R.16, eff. 1/13/2022