Md. Code Regs. 10.44.07.24

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

Section 10.44.07.24 - Summary Suspension Without Prior Notice or Opportunity for Hearing

A. In extraordinary circumstances, the Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend license or providing a respondent with an opportunity for a predeprivation hearing if:

(1) The Board determines that the public health, safety, and welfare require the immediate suspension of the license without prior notice and an opportunity to be heard; and

(2) The respondent is provided with an opportunity for a hearing before the Board at the Board's next regularly scheduled meeting but not to exceed 30 days from the date of respondent's request.

B. If the Board votes to issue an order of summary suspension, the Board shall refer the matter to the administrative prosecutor for prosecution.

C. An order of summary suspension of a license shall include, but is not limited to:

(1) The statutory authority on which the action has been taken;

(2) Allegations of fact which the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare;

(3) Notice to the respondent of the right to request a postdeprivation show cause hearing to provide the respondent with the opportunity to show cause why the order of summary suspension should not continue and which notifies the respondent of the consequences of failing to appear; and

(4) Notice to the respondent of the right to request a full hearing on the merits of the summary suspension

D. Service.

(1) The Board shall serve a respondent with the order of summary suspension by having the Executive Director or an officer of the Board hand deliver the order to the address the respondent is required to maintain with the Board within 24 hours after its execution; or

(2) By any other reasonable means to effect service.

E. If the respondent requests a hearing under §C(3) of this regulation, the Board shall conduct the hearing as provided in Regulation .19B of this chapter.

Md. Code Regs. 10.44.07.24

Regulations .24 adopted effective March 1, 2004 (31:4 Md. R. 317)