Md. Code Regs. 10.44.07.12

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

Section 10.44.07.12 - Case Resolution Conference

A. After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference.

B. At any other time during disciplinary proceedings, the Board may offer or the respondent may request a case resolution conference to discuss a disciplinary matter. The Board may grant or deny the respondent's request.

C. Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are without prejudice and may not be used by the respondent, administrative prosecutor, or the Board in any subsequent proceedings, unless the information is otherwise discovered or available through another source.

D. The recommendations of the case resolution conference committee are not binding on the Board, which may:

(1) Accept a proposed settlement;

(2) Modify a proposed settlement; or

(3) Reject the proposed settlement and require the respondent to proceed to a hearing.

E. If the respondent and the administrative prosecutor are unable to reach an agreement for settlement, the case resolution conference committee may offer a proposed settlement agreement to the parties.

F. If either the respondent or administrative prosecutor disagrees with the recommendation of the case resolution conference committee, either party may elect to proceed to a hearing in the matter regardless of whether the Board has ratified the recommendation of the case resolution conference committee.

G. Participation in a case resolution conference is not ordinarily a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings in a case.

Md. Code Regs. 10.44.07.12

Regulations .12 adopted effective March 1, 2004 (31:4 Md. R. 317)