Md. Code Regs. 10.44.07.22

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

Section 10.44.07.22 - Summary Suspension of a License

A. Under State Government Article, §10-226(c)(2), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.

B. Notice of Intent to Summarily Suspend.

(1) Based on information gathered in an investigation or otherwise provided to the Board, the Board shall vote to issue a notice of intent to summarily suspend a license.

(2) If the Board votes to issue a notice of intent to summarily suspend a license, the Board shall refer the matter to the administrative prosecutor for prosecution.

(3) A notice of intent to summarily suspend a license shall include, but is not limited to:

(a) A proposed order of summary suspension which is unexecuted by the Board and which includes:

(i) The statutory authority on which the action has been taken;

(ii) Allegations of fact which the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and

(iii) Notice to the respondent of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and

(b) An order or summons to appear before the Board to show cause why the Board should not execute the order of summary suspension and which notifies the respondent of the consequences of failing to appear.

(4) Service.

(a) The Board shall serve a respondent with a notice of intent to summarily suspend a license:

(i) At least 5 calendar days before a predeprivation show cause hearing is scheduled before the Board; and

(ii) By hand delivery by the Executive Director or an officer of the Board to the address the respondent is required to maintain with the Board, or by any other reasonable means to effect service.

(b) If the Board is unable to serve the notice of intent to summarily suspend a license upon the respondent as described in §B(4)(a) of this regulation, the Board may nevertheless proceed in prosecuting the case.

Md. Code Regs. 10.44.07.22

Regulations .22 adopted effective March 1, 2004 (31:4 Md. R. 317)