Md. Code Regs. 30.02.07.04

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

Section 30.02.07.04 - Procedure for Summary Suspension before Notice and an Opportunity To Be Heard

A. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee, after consultation with the EMS Board's counsel, may order immediate suspension of a license or certification before notice and the opportunity for a hearing if:

(1) They determine that the health, safety, and welfare of the public or the respondent imperatively requires immediate suspension;

(2) The respondent is provided the opportunity for a summary suspension hearing within 5 business days of notice of the summary suspension; and

(3) Notice of the summary suspension and the summary suspension order is served on the respondent as soon as reasonably practical.

B. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee may issue an order that suspends the respondent's license or certification pending further action by the EMS Board under COMAR 30.02.05. The order shall include the:

(1) Statutory and regulatory authority upon which it is based;

(2) Facts upon which it is based; and

(3) Summary action which has been taken.

C. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee shall then issue a written summary suspension notice to the respondent that:

(1) Includes a copy of the order for summary suspension;

(2) Provides the respondent the right to show cause why the summary suspension order should be rescinded;

(3) Advises the respondent of the right:

(a) To a summary suspension hearing within 5 business days of receipt of the summary suspension notice and how to request a hearing,

(b) To a full evidentiary hearing to review any summary suspension which is ordered or reaffirmed following a summary suspension hearing and how to request a hearing,

(c) To review by a circuit court if the respondent has exhausted the administrative remedies provided in this regulation,

(d) To representation by counsel,

(e) To call witnesses and submit documents under State Government Article, § 10-213(f), Annotated Code of Maryland,

(f) To subpoena witnesses and other evidence subject to payment of the actual cost of service, and

(g) Of the parties to agree on the evidence and waive the right to appear at the hearing;

(4) Advises the respondent that if a summary suspension hearing is not requested or if a hearing is requested and the respondent does not appear, the summary suspension order will be final and binding until further action by the EMS Board under COMAR 30.02.05; and

(5) Provides further information as required by State Government Article, § 10-207, Annotated Code of Maryland.

D. Service of the summary suspension notice and order shall be as soon as reasonably practical by personal delivery.

Md. Code Regs. 30.02.07.04