Md. Code Regs. 10.44.07.27

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

Section 10.44.07.27 - Postdeprivation Opportunity for an Evidentiary Hearing

A. If the Board orders the summary suspension of a license under Regulation .19 of this chapter, the respondent shall be provided with the opportunity for an appeal. The appeal from a summary suspension shall be an evidentiary hearing under the Administrative Procedure Act.

B. The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension.

C. Unless otherwise agreed by the parties, the Board shall provide a hearing within 45 days after the respondent's request.

D. An evidentiary hearing may be consolidated with a hearing on charges issued by the Board which include the facts which form the basis for the summary suspension.

E. The Board shall conduct an evidentiary hearing under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

F. If the Board has delegated the matter to the Office of Administrative Hearings, the administrative law judge shall issue to the Board a recommended decision with proposed findings of fact, proposed conclusions of law, and a proposed disposition, or any combination of these under the Board's delegation of the matter to the Office of Administrative Hearings.

G. If the hearing is one combined with charges, the administrative law judge's determination as to the merits of the summary suspension shall be based only on those parts of the record that were available to the Board at the time it voted for the summary suspension.

H. The parties may file exceptions to the recommended decision as provided in the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

I. An order issued by the Board after a postdeprivation evidentiary hearing is a final order of the Board and is a public document under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

Md. Code Regs. 10.44.07.27

Regulations .27 adopted effective March 1, 2004 (31:4 Md. R. 317)