Md. Code Regs. 10.51.07.03

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

Section 10.51.07.03 - Principal Sanctions - Departmental Actions

A. Hearing Requirement.

(1) Except when the Secretary finds that a danger to public safety imperatively requires that emergency action be taken to correct a deficiency, the Secretary shall inform the licensee in writing:

(a) If a suspension or revocation of the licensee's license takes effect;

(b) The reason for the suspension or revocation; and

(c) That the licensee has an opportunity for a hearing on the matter before the suspension or revocation takes effect, as provided in State Government Article, §10-226, Annotated Code of Maryland.

(2) If the Secretary finds a condition that imperatively requires emergency or immediate action to preserve public safety or individual rights, the Secretary shall inform the licensee in writing:

(a) When a suspension or revocation of the licensee's license takes effect;

(b) The reason for the suspension or revocation; and

(c) That the licensee has an opportunity for a hearing on the matter, as provided in State Government Article, §10-226, Annotated Code of Maryland, after the suspension or revocation.

B. Notice.

(1) Contents. In cases involving a principal sanction, the Secretary shall give written notice to a licensee of the:

(a) Deficiency identified;

(b) Sanction proposed for imposition;

(c) Reason for the proposed sanction;

(d) Projected effective date and duration of the proposed sanction;

(e) Authority for the proposed sanction; and

(f) Time allowed for a forensic laboratory to respond to the notice.

(2) Opportunity to Respond. During the time allowed and stated in the written notice, a forensic laboratory may submit to the Secretary written evidence or other information against imposition of the proposed sanction or sanctions.

(3) Notice Times.

(a) If a deficiency is found that imperatively requires emergency or immediate action, the Secretary shall provide notice at least 24 hours before the effective date of the sanction, unless conditions warrant immediate suspension.

(b) If a deficiency is found to warrant a principal sanction, but does not imperatively require emergency or immediate action, the Secretary shall provide notice at least 10 days before the effective date of sanction.

(4) To preserve a right to a hearing, a licensee shall request a hearing within 10 days of the licensee's receipt of the notice of the pending sanction.

Md. Code Regs. 10.51.07.03