Md. Code Regs. 10.25.07.11

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

Section 10.25.07.11 - Hearing Procedures

A. Reviewer as Presiding Officer.

(1) If an evidentiary hearing is requested, the Executive Director shall appoint a single commissioner to act as reviewer and preside at the hearing.

(2) The reviewer shall hold a prehearing conference, at which the reviewer shall:

(a) Summarize the rules of procedure governing the evidentiary hearing;

(b) Determine the date, time, and place of the evidentiary hearing;

(c) Determine the form and manner of the presentation of evidence;

(d) Rule on any pending motions; and

(e) Make other decisions as appropriate.

B. Hearing. The reviewer is empowered to:

(1) Make all rulings as to evidence, testimony, and the conduct of the evidentiary hearing; and

(2) Take other actions consistent with the duties of a reviewer.

C. Proposed Decision. The reviewer shall prepare a proposed decision and order which shall state the reviewer's determination as to whether the allegations that formed the basis for the hearing are substantiated or not, and if substantiated, include a proposed sanction.

D. Exceptions.

(1) If the proposed decision is adverse to the MHCC-certified EHN, the EHN may submit written exceptions to the proposed decision and order by submitting written argument with citation to supporting documentation from the record.

(2) Exceptions shall be filed according to a schedule set by the reviewer, with a party filing exceptions having at least 7 days to file exceptions, and a party filing a response to exceptions having at least 5 days to file a response, unless this period is shortened by agreement of the parties.

E. Final Decision.

(1) The Commission shall issue a final decision based on the record of the proceeding including findings of fact and conclusions of law, that:

(a) Finds the allegations to be substantiated and withdraws the MHCC-certified EHN status of the entity;

(b) Finds the allegations to be substantiated, but permits the entity to retain MHCC-certified EHN status, with appropriate conditions; or

(c) Finds the allegations to be unsubstantiated and continues the entity's MHCC-certified EHN status.

(2) An MHCC-certified EHN aggrieved by the Commission's final decision may seek judicial review pursuant to State Government Article, Title 10, Annotated Code of Maryland.

Md. Code Regs. 10.25.07.11

Regulation .11 amended effective April 3, 2000 (27:6 Md. R. 641); December 23, 2002 (29:25 Md. R. 1983)
Regulations .11 adopted effective March 24, 2008 (35:6 Md. R. 698)