Md. Code Regs. 10.62.34.06

Current through Register Vol. 51, No. 11, May 31, 2024

Section 10.62.34.06 - Summary Suspension

A. The Commission shall order the summary suspension of a license or registration if the Commission determines that the threat to public health, safety, or welfare requires the immediate suspension of the license or registration.

B. The Commission shall promptly give the licensee or registrant:

(1) Written notice of the suspension, the findings, and the reasons that support the findings; and

(2) An opportunity for a hearing before the Commission.

C. Service of the notice of intent to summarily suspend a license or registration shall be made by:

(1) Hand delivery;

(2) Certified mail to the address the licensee or registrant is required to maintain with the Commission; or

(3) Other reasonable means to effect service.

D. A licensee or registrant aggrieved by the action of the Commission under this regulation may appeal the Commission's action by filing a request for a hearing not later than 30 days after receipt of notice of the Commission's action.

E. Show Cause Hearing.

(1) In addition to the right to request a hearing provided in §D of this regulation, a licensee or registrant aggrieved by the action of the Commission under this regulation shall be provided with the opportunity for a hearing to show cause why the Commission should lift the summary suspension.

(2) If requested in writing, the show cause hearing shall be held promptly within a reasonable time after the effective date of the order of summary suspension.

(3) The show cause hearing will be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the summary suspension.

(4) The show cause hearing shall be conducted before the Commission or a delegatee of the Commission who:

(a) Shall determine procedural issues;

(b) May impose reasonable time limits on each party's oral argument; and

(c) Shall make rulings reasonably necessary to facilitate the effective and efficient operation of the show cause hearing.

(5) At the conclusion of the show cause hearing, the Commission or the Commission's delegatee may:

(a) Affirm the order of summary suspension;

(b) Rescind the order of summary suspension;

(c) Enter into a consent order; or

(d) Enter into an interim order warranted by the circumstances of the case, including one providing for a stay of the summary suspension, subject to certain conditions.

(6) After the show cause hearing, if the Commission or the Commission's delegatee decides to continue the summary suspension, the licensee or registrant aggrieved by the decision may request an evidentiary hearing.

F. If, after due notice, the licensee or registrant against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

Md. Code Regs. 10.62.34.06

Regulation .06 adopted effective 46:16 Md. R. 688, eff. 8/12/2019; amended effective 47:10 Md. R. 519, eff. 5/18/2020