Md. Code Regs. 07.02.26.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 07.02.26.06 - Stay Pending Disposition of Criminal Charges

A. An appellant shall notify OAH of

(1) A pending criminal proceeding arising out of the alleged child abuse or neglect; and

(2) The final resolution of a criminal proceeding arising out of the alleged child abuse or neglect.

B. If a criminal proceeding is pending on charges arising out of the alleged child abuse or neglect, OAH shall stay the hearing until final disposition of the criminal proceeding.

C. If, after final disposition of the criminal proceeding, the appellant is:

(1) Found guilty of any criminal charges arising out of the alleged child abuse or neglect, including being found guilty and receiving probation before judgment or taking an Alford plea, OAH shall dismiss the appeal; or

(2) Found not guilty of any criminal charges arising out of the alleged child abuse or neglect or if the charges were dismissed or put on the stet docket, OAH shall vacate the stay and schedule further proceedings in accordance with this chapter.

Md. Code Regs. 07.02.26.06

Regulations .06 adopted as an emergency provision effective October 1, 1993 (20:20 Md. R. 1551) (Emergency provisions are temporary and not printed in COMAR)
Regulations .06 adopted effective October 1, 1994 (21:19 Md. R. 1633)
Regulations .06 amended as an emergency provision effective June 16, 1998 (25:14 Md. R. 1119); emergency status extended at 26:9 Md. R. 725; emergency status rescinded at 26:16 Md. R. 1233
Regulations .06 adopted as an emergency provision effective July 19, 1999 (26:17 Md. R. 1233); emergency status extended at 26:27 Md. R. 2013 (Emergency provisions are temporary and not printed in COMAR)
Regulations .06 adopted effective March 20, 2000 (27:5 Md. R. 582); adopted effective 44:12 Md. R. 586, eff. 6/19/2017