- A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action pursuant to State Government Article, §10-226(c), Annotated Code of Maryland.
B. The Department shall deliver a written notice to the agency:
- (1) Informing the agency of the emergency suspension;
- (2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that form the basis for the emergency suspension; and
- (3) Notifying the agency of its right to request a hearing and to be represented by counsel.
- C. The filing of a hearing request does not stay the emergency action.
D. Suspended License. If a license is suspended by emergency action, the agency shall:
- (1) Immediately return the license to the Department; and
- (2) Cease making referrals.
- E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing in accordance with Regulation .17 of this chapter.
- F. The Office of Administrative Hearings shall conduct a hearing as provided in Regulation .17 of this chapter and issue a proposed decision within 10 business days of the close of the hearing record. Exceptions may be filed by an aggrieved person pursuant to COMAR 10.01.03. The Secretary shall make a final decision pursuant to COMAR 10.01.03.
- G. If the Secretary's final decision does not uphold the emergency suspension, the agency may resume operation.
Authority: Health-General Article, §2-104 and Title 19, Subtitle 20, Annotated Code of Maryland
Effective date: December 17, 2007 (34:25 Md. R. 2211)
Chapter revised effective September 15, 2014 (41:18 Md. R. 1009)
Regulation .05A, D amended effective December 21, 2015 (42:25 Md. R. 1542); August 29, 2016 (43:17 Md. R. 953); March 13, 2017 (44:5 Md. R. 292)
Regulation .05D amended effective June 5, 2017 (44:11 Md. R. 524)
Regulation .06B amended effective August 29, 2016 (43:17 Md. R. 953)