Md. Code Regs. 10.44.07.23

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

Section 10.44.07.23 - Predeprivation Opportunity to Be Heard

A. If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondent's license should not be suspended before the Board executes the order of summary suspension.

B. A Predeprivation Show Cause Hearing before the Board.

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

(2) The Board member presiding over the hearing shall determine all procedural issues and shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing.

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

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

C. The Board member who presides over the hearing:

(1) 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 if the presiding Board member believes that the documents or exhibits are necessary in order for a fair hearing; and

(2) May not allow testimony by any witness unless agreed to by the parties and approved by the Board.

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

Md. Code Regs. 10.44.07.23

Regulations .23 adopted effective March 1, 2004 (31:4 Md. R. 317)