Md. Code Regs. 12.11.10.10

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

Section 12.11.10.10 - Penalties and Sanctions

A. The Secretary may deny an application for a license, suspend or revoke a license, or reprimand a licensee, for reasons including, but not limited to, the following:

(1) The applicant or licensee commits any act or fails to act as specified in Business Occupations and Professions Article, § 20-314, Annotated Code of Maryland;

(2) The applicant or licensee violates any federal, State, or local law or regulation;

(3) The applicant or licensee fails to perform any order of the court pertaining to a monitored individual;

(4) Any partner, director, officer, or monitor of an applicant or licensee is not of good character and reputation for reasons including, but not limited to:

(a) Conviction of a felony,

(b) Conviction of a misdemeanor involving moral turpitude, or

(c) Violation of the laws or regulations governing monitoring agencies;

(5) The applicant or licensee provides to the Secretary a false or misleading statement or document;

(6) The applicant or licensee fails to meet the minimum standards of this chapter; or

(7) The applicant or licensee, or any employee of the applicant or licensee, has a relationship with a monitored individual that could reasonably result in reduced public confidence in the integrity of private home detention monitoring.

B. Procedures for Denying a License to an Applicant, Suspending or Revoking a License, or Reprimanding a Licensee.

(1) A complaint shall be initiated by the Secretary or made to the Secretary.

(2) A complaint shall be in writing, signed by the complainant, and shall state the facts on which the complaint is based.

(3) A complaint to the Secretary shall be made under oath by the complainant.

(4) On receipt of a complaint, the Secretary shall investigate the complaint.

(5) At the conclusion of the investigation, the Secretary shall determine whether there is a reasonable basis for grounds for denial of a license or other penalty. If there is no reasonable basis, the complaint shall be dismissed by the Secretary with notice to the complainant.

(6) Notice of Action To Be Taken.

(a) On the basis of the allegation of a complaint which is not dismissed under this regulation, the Secretary shall determine the appropriate action and shall send by U.S. mail a notice to the applicant or licensee that action shall be taken unless the applicant or licensee submits, within 30 days of the date of the notice, a written request for a hearing.

(b) The notice shall include:

(i) A copy of the complaint;

(ii) A reference to a pertinent law or regulation, or both;

(iii) The action to be taken; and

(iv) A copy of COMAR 12.11.04.

(c) If a written request for a hearing is not received by the Secretary within 30 days of the date of the notice, the Secretary shall take the action specified in the notice.

(d) If a written request for a hearing is received by the Secretary within 30 days of the date of the notice, the matter shall proceed in accordance with COMAR 12.11.04.

Md. Code Regs. 12.11.10.10

Regulations .10 adopted as an emergency provision effective June 29, 1999 (26:16 Md. R. 1239); emergency status extended at 27:1 Md. R. 73; emergency status expired June 30, 2000 (Emergency provisions are temporary and not printed in COMAR)
Regulations .10 adopted effective August 7, 2000 (27:15 Md. R. 1401)