Md. Code Regs. 28.04.01.04

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

Section 28.04.01.04 - Referral of Decision or Action for Review

A. A board or commission shall refer a decision or action to the Office as required by Health Occupations Article, § 1-203, Annotated Code of Maryland, and this chapter.

B. Boards and commissions may not refer decisions or actions that consist of the following:

(1) Ministerial acts;

(2) The internal operations of a board or commission;

(3) Investigations;

(4) Disciplinary charges that have not led to proposed disciplinary action; and

(5) As it relates to an individual regulated by a board or commission:

(a) Consent orders; and

(b) Letters of surrender.

C. A board or commission may initiate a referral to the Office by transmitting a form substantially similar to that in Appendix A of this chapter.

D. A board or commission may request expedited review by the Office by including the phrase "EXPEDITED REVIEW REQUESTED " on the transmittal form.

E. A request for expedited review by the Office shall be granted if:

(1) The board or commission establishes that immediate action is necessary to protect public health and safety;

(2) The decision or action involves a cease and desist order; or

(3) The decision or action of the board or commission involves the summary suspension of a license.

F. The board or commission may withdraw the referral to the Office at any time before the decision is issued.

G. Computation of time is governed by COMAR 28.02.01.04C.

Md. Code Regs. 28.04.01.04

Regulation .04 adopted effective 45:7 Md. R. 347, eff. 4/9/2018