1. A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.

2. B. The Department shall deliver a written notice to the licensee:

   1. (1) Informing the licensee of the emergency suspension;
   2. (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. (3) Notifying the licensee of the licensee's right to request a hearing and to be represented by counsel.
3. C. The filing of a hearing request does not stay the emergency action.

4. D. When a license is immediately suspended, the licensee shall:

   1. (1) Immediately return the license to the Department; and
   2. (2) Stop providing services immediately.
5. 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 .22 of this chapter.
6. F. The Office on Administrative Hearings shall conduct a hearing as set forth in Regulation .22 of this chapter and issue a proposed decision. 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.
7. G. If the Secretary's final decision does not uphold the emergency suspension, the licensee may resume operation.

Authority: Health-General Article, §§10-501—10-511, Annotated Code of Maryland

Effective date: December 10, 2015 (42:24 Md. R. 1504)

Regulation .05B,G,I amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .23 adopted effective December 19, 2016 (43:25 Md. R. 1384)