Md. Code Regs. 10.26.04.08

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.26.04.08 - Probation and Violation of Probation Proceedings

A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board determines to be appropriate, including:

(1) Reeducation or completion of approved courses;

(2) Payment of a fine;

(3) Donation to an approved institution providing acupuncture services for the poor, indigent, or handicapped;

(4) Providing free acupuncture services in a Board-approved program;

(5) Entering into and complying with a contract with an addiction treatment program;

(6) Practice supervision;

(7) Monitoring by the Board or by an individual or entity chosen or approved by the Board and periodic reporting to the Board;

(8) Periodic review of a licensee's clinical practice;

(9) Periodic review or audit, or both, of a licensee's billing practices;

(10) An examination by a physician or appropriate health care provider;

(11) Limitation of the licensee's practice;

(12) Achieving a passing score on an appropriate examination; or

(13) Any other condition the Board determines to be appropriate for the rehabilitation or retraining of a licensee.

B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee.

C. A licensee seeking termination of probation shall do so only by petitioning the Board for probation:

(1) When the specific period of time has passed; or

(2) After the licensee has successfully completed the conditions or acts required for termination.

D. If at any time the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall:

(1) Charge the licensee with a violation of probation;

(2) Take any action provided for in the final order or consent order in the event of a violation of probation, including suspension of the license;

(3) Consider a summary suspension of the license; or

(4) Take any other action the Board considers appropriate and which it is authorized to do by law.

E. Charges for Violation of Probation.

(1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.

(2) The charging document for a violation of probation shall:

(a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated;

(b) Allege facts which the Board believes constitute a basis for a violation of probation; and

(c) Notify the respondent of:

(i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and

(ii) The consequences of failing to appear for those proceedings or to request a hearing.

(3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.

F. Violation of Probation Hearing.

(1) Unless otherwise determined by the Board, a hearing for a violation of probation shall be held before the Board.

(2) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the charge that the licensee has violated probation.

(3) The Board member presiding over the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument.

(4) The presiding Board member shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing.

(5) The respondent and the administrative prosecutor shall each be limited to 30 minutes in which to present oral argument.

(6) The respondent shall proceed first and may reserve part of the allotted time for rebuttal.

(7) The Board member who presides over the hearing:

(a) May allow either the respondent or the administrative prosecutor to present documents or exhibits which are relevant and material to the proceedings and which are not unduly repetitious when the Board member believes that the documents or exhibits are necessary in order for a fair hearing; and

(b) May not allow testimony by any witness, unless the parties agree and the Board approves before the hearing.

(8) The members of the Board may be recognized by the presiding member to ask questions of either party appearing before the Board.

(9) If the Board believes that the issues in the case warrant it, the Board may provide a respondent with an evidentiary hearing, either before the Board or an administrative law judge if the Board delegates the matter to Office of Administrative Hearings, which may be instead of or after a nonevidentiary violation of probation hearing held before the Board.

(10) The Board may consider the complexity of the case, the need for testimony or admission of other evidence, or any other factor it considers appropriate in determining whether to provide a respondent with an evidentiary violation of probation hearing.

(11) An evidentiary hearing shall be conducted under the contested case provisions of the Administrative Procedure Act.

G. After a hearing, the Board shall issue a final order consisting of findings of fact, conclusions of law, and an order that is a public record under State Government Article, § 10-611, Annotated Code of Maryland.

H. If the Board determines that respondent has violated probation, the Board may:

(1) Take any action provided for in the consent order or final order in the event of a violation of probation;

(2) Impose additional conditions of probation; or

(3) Impose any sanction or take any other action that the Board considers appropriate and is authorized to do by law.

Md. Code Regs. 10.26.04.08