Md. Code Regs. 10.07.14.62

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

Section 10.07.14.62 - Emergency Suspension

A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action.

B. The Department shall deliver a written notice to the assisted living program:

(1) Informing the program of the emergency suspension;

(2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and

(3) Notifying the assisted living program of its right to request a hearing and to be represented by counsel.

C. The filing of a hearing request does not stay the emergency action.

D. When a license is suspended by emergency action:

(1) The assisted living program shall immediately return the license to the Department;

(2) The assisted living program shall stop providing assisted living services immediately;

(3) The assisted living manager or alternate manager shall notify the residents or representatives of the residents, or if applicable, the representative of the residents of the suspension and make every reasonable effort to assist them in making other assisted living arrangements; and

(4) The assisted living manager or alternate manager shall immediately notify the local department of social services Adult Protective Services Program of the emergency action.

E. In the event of an emergency suspension, the Department may assist in the relocation of residents.

F. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing consistent with Regulation .64 of this chapter.

G. Show Cause Hearing.

(1) In addition to the right to request a hearing consistent with Regulation .64 of this chapter, a person aggrieved by the action of the Secretary under this regulation shall be provided with the opportunity for a hearing to show cause why the Department should lift the summary suspension.

(2) If requested in writing, the show cause hearing shall be held promptly within a reasonable time after the effective date of the order of summary suspension. The time limit for filing an appeal with the Office of Administrative Hearings to obtain an evidentiary hearing shall be followed by the filing of a request for a show cause hearing.

(3) The show cause hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the summary suspension.

(4) The show cause hearing shall be conducted before the Secretary or a designee of the Secretary, who:

(a) Shall determine procedural issues;

(b) May impose reasonable time limits on each party's oral argument; and

(c) Shall make rulings reasonably necessary to facilitate the effective and efficient operation of the show cause hearing.

(5) At the conclusion of the show cause hearing, the Secretary or the Secretary's designee may:

(a) Affirm the order of summary suspension;

(b) Rescind the order of summary suspension;

(c) Enter into a consent order; or

(d) Enter into an interim order warranted by the circumstances of the case, including one providing for a stay of the summary suspension subject to certain conditions.

(6) After the show cause hearing, if the Secretary or the Secretary's designee decides to continue the summary suspension, the person aggrieved by the decision may request an evidentiary hearing before the Office of Administrative Hearings consistent with Regulation .64 of this chapter.

H. Hearing.

(1) The Office of Administrative Hearings shall conduct a hearing as provided in Regulation .64 of this chapter and issue a proposed decision within the time frames set forth in COMAR 28.02.01.

(2) An aggrieved person may file exceptions pursuant to COMAR 10.01.03.

(3) The Secretary shall make a final decision pursuant to COMAR 10.01.03.

(4) If the Secretary's final decision does not uphold the emergency suspension, the assisted living program may resume operation.

Md. Code Regs. 10.07.14.62

Regulations .62 adopted effective December 29, 2008 (35:26 Md. R. 2249)