Md. Code Regs. 26.10.06.08

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

Section 26.10.06.08 - Denial, Suspension, or Revocation

A. The Department may deny an application for certification if an individual has not complied with the application and experience requirements in Regulations .02-.04 of this chapter or has demonstrated a history of noncompliance with the provisions of COMAR 26.10, including the reasons listed in §B(1) of this regulation.

B. Suspension or Revocation.

(1) The Department may suspend or revoke a certification of an individual if the Department determines that the individual has done one or more of the following:

(a) Demonstrated a willful or negligent disregard or repeated violations of the regulations in this subtitle;

(b) Willfully or negligently submitted false information to the Department;

(c) Violated the requirements of Regulation .06 or .07 of this chapter; or

(d) After a prior suspension or revocation of a certification under this chapter, committed an act in violation of COMAR 26.10.

(2) An individual shall surrender all State certification documents obtained under this chapter to the Department upon notification of suspension or revocation.

(3) The Department may suspend or revoke a certification obtained under this chapter in accordance with State Government Article, § 10226, Annotated Code of Maryland.

C. Contested Case Hearing.

(1) Except as otherwise provided in COMAR 26.10.01.24, an individual shall have an opportunity for a contested case hearing if the individual files a written request with the Department within 30 calendar days of receiving:

(a) A notice of the Department's decision to deny the certification application or to suspend or revoke the individual's certification, as provided in §§A and B of this regulation;

(b) A notice or order issued by the Department regarding a violation of a provision of this chapter or COMAR 26.10.

(2) The Department shall conduct a contested case hearing in accordance with the provisions under State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

Md. Code Regs. 26.10.06.08

Regulation .08 amended effective January 16, 2006 (33:1 Md. R. 39); adopted effective 49:12 Md. R. 642, eff. 6/13/2022