1. A. The following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) Civil Penalty.

      1. (a) “Civil penalty” means a monetary penalty authorized by statute or regulation and imposed for a violation of a statute, regulation, permit, or license.
      2. (b) “Civil penalty” does not include statutorily authorized reimbursement of State or federal expenditures.
   2. (2) “Department” means the Maryland Department of Health, or any of its constituent units.
   3. (3) “Hearing” means a contested case hearing as defined by the Administrative Procedure Act, State Government Article, §10-201 et seq., Annotated Code of Maryland.
   4. (4) “Administrative Law Judge (ALJ)” means an administrative law judge of the Office of Administrative Hearings as defined in COMAR 28.02.01.02B(1).
   5. (5) “Office of Administrative Hearings (OAH)” means the independent unit in the Executive Branch of State government authorized to conduct hearings in contested cases, pursuant to the Administrative Procedures Act and this chapter.
   6. (6) “Party” means any person or agency named or admitted as a party, including the Department.
   7. (7) “Person” means any individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any firm, partnership, association, corporation, or other entity including any public or municipal corporation and any agency, bureau, department, or instrumentality of federal, State, or local government.
   8. (8) “Secretary” means the Secretary of Health, a designee of the Secretary, or that official empowered by statute to render the final agency decision in a contested case.

Authority: Health-General Article, §2-104(b); State Government Article, §§9-1607.2(b) and 10-206(b); Annotated Code of Maryland

Effective date: July 31, 1973

Regulations .01—.10 repealed and new Regulations .01—.38 adopted effective February 6, 1989 (16:2 Md. R. 158)

Regulations .01—.38 repealed and new Regulations .01—.20 adopted effective April 13, 2015 (42:7 Md. R. 567)