Md. Code Regs. 10.44.07.31

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

Section 10.44.07.31 - Reinstatement of a License

A. Petition for Reinstatement.

(1) A licensee shall petition the Board for reinstatement after suspension, revocation, or surrender of a license.

(2) Subject to contrary provisions in a final order of revocation or a surrender, the Board may not consider a petition for reinstatement after the revocation of a license or a surrender until 3 years after the effective date of the revocation or surrender.

(3) A licensee who petitions the Board for reinstatement under terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions.

(4) A licensee whose license has been revoked or surrendered for 3 or more years before filing a petition for reinstatement is not eligible for reinstatement but instead shall apply for initial licensure.

(5) In addition to complying with any conditions for reinstatement ordered by the Board, an applicant for reinstatement shall:

(a) File an application for reinstatement with the Board;

(b) Meet the requirements for reinstatement set out in COMAR 10.44.10; and

(c) Achieve a passing score on the Board's law examination.

B. Notice of Intent to Deny Reinstatement and Opportunity for a Hearing.

(1) If the Board issues a notice of intent to deny reinstatement, the Board shall serve the notice as provided in Regulation .07A of this chapter.

(2) A notice of intent to deny reinstatement shall:

(a) Inform the applicant of the Board's legal basis for its belief that the applicant is not qualified for reinstatement, including any applicable statutory provision;

(b) Allege any facts which the Board believes supports the Board's reasons for denying reinstatement; and

(c) Notify the respondent of any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time and the consequences of failing to appear for those proceedings or to request a hearing.

(3) If the applicant requests a hearing on the notice of intent to deny reinstatement, the Board, before the hearing, shall provide the applicant with a case resolution conference to discuss settlement of the matter. The case resolution conference shall be conducted as provided in Regulation .09 of this chapter.

(4) A hearing on the notice of denial of reinstatement shall be held before the Board or delegated to the Office of Administrative Hearings.

C. If the Board grants reinstatement of a license, the Board may impose any restrictions or conditions on the license or the licensee's practice that the Board considers appropriate.

Md. Code Regs. 10.44.07.31

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