Md. Code Regs. 10.19.03.19

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

Section 10.19.03.19 - Hearings, Enforcement, and Disciplinary Sanctions

A. Authority for Enforcement Proceeding.

(1) A hearing may be ordered or granted by the Secretary, at the Secretary's discretion, to permit any person against whom criminal or civil action is contemplated under the Controlled Dangerous Substances Act an opportunity to present the individual's views and the individual's proposals for bringing the individual's alleged violations into compliance with the law. The hearing will also permit the individual to show cause why prosecution should not be instituted, or to present the individual's views on the contemplated proceeding.

(2) The rules of procedure for hearings before the Secretary of the Maryland Department of Health shall be governed by COMAR 10.01.03 and State Government Article, §§10-201-10-226, Annotated Code of Maryland.

(3) Administrative Hearings. Procedures for administrative hearings shall be governed by the rules set forth in Criminal Law Article, §5308, if applicable, Health-General Article, §2-207, and State Government Article, §§10-201-10-226, Annotated Code of Maryland, and COMAR 10.01.03.

B. After a hearing pursuant to Criminal Law Article, § 5-308, if applicable, and State Government Article, §§10-201-10-226, Annotated Code of Maryland, and COMAR 10.01.03, the Secretary may impose a sanction or penalty against any registrant that possesses a Maryland-issued controlled substances registration pursuant to Criminal Law Article, Title V, Annotated Code of Maryland, instead of or in addition to:

(1) The denial of an application;

(2) The refusal to renew a registration;

(3) Suspending a registration;

(4) Revoking a registration;

(5) Placing restrictions on a registration pursuant to Criminal Law Article, § 5-307, Annotated Code of Maryland; or

(6) Issuing a nonpublic advisory letter.

C. Imposition of Monetary Penalty.

(1) After a hearing pursuant to Criminal Law Article, § 5-308, Annotated Code of Maryland, the Department may impose a monetary penalty against a controlled substance registration holder pursuant to Criminal Law Article, § 5-908, Annotated Code of Maryland.

(2) The monetary penalty may be imposed instead of or in addition to the:

(a) Suspension of the controlled substances registration;

(b) Revocation of the controlled substances registration; or

(c) Restrictions placed on the controlled substances registration.

(3) The monetary penalty shall be paid within 30 calendar days of the order, unless the order specifies otherwise.

(4) Until the imposed fine is paid, the registration may not be:

(a) Restored;

(b) Reinstated; or

(c) Renewed.

(5) In its discretion, the Department may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management for collection.

D. Notwithstanding the guidelines set forth in this chapter, in order to resolve a pending disciplinary action, the Department and the registrant may agree to a surrender of a registration, or a consent order with terms, sanction, and penalties agreed to by the Department and the registrant.

E. Nothing in this chapter prohibits the Department from staying any period of non-active suspension.

Md. Code Regs. 10.19.03.19

Regulation .19 adopted effective 51:20 Md. R. 899, eff. 10/14/2024.