- A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
- (1) “Administrative prosecutor” means the attorney assigned from the Office of the Attorney General to prosecute the Board’s administrative charges on behalf of the State.
(2) “Charges” means the accusations or grounds for action that the Board alleges a respondent committed which concerns:
- (a) A disciplinary action against a licensee that may result in sanctions against a licensee;
- (b) Intent to deny an initial application for licensure;
- (c) An action against an individual practicing nursing home administration or assisted living management without a license; or
- (d) Other action authorized by law or regulation against an individual, licensee, or applicant that entitles the respondent to a contested case hearing.
- (3) “Charging document” means the document that includes the charges that initiates a Board action against a respondent and gives formal notice to the respondent of an action by the Board.
(4) Complaint.
(a) “Complaint” means an allegation or report received by the Board that indicates:
- (i) A Board licensee may have committed an act or omission for which the licensee may be disciplined or sanctioned;
- (ii) An applicant may have committed an act or omission that could result in the denial of the applicant’s application for a license; or
- (iii) An individual may be practicing either nursing home administration or assisted living management without a license.
(b) “Complaint” may include, but is not limited to, the following:
- (i) Consumer complaints and complaints from the public;
- (ii) Reports or allegations from a government entity concerning a nursing home or assisted living program at which the licensee, applicant, or individual is or was employed;
- (iii) Media reports;
- (iv) Statements on Board applications for licensure;
- (v) Reports from anonymous sources; or
- (vi) Information from any source that warrants an investigation.
- (5) “Preliminary investigation” means a review of the allegations in a complaint by the Board and the response from a respondent, if sought and provided, that determines whether there is a sufficient basis for a formal Board investigation.
(6) “Respondent” means a licensee, applicant, or individual who:
- (a) Is under investigation by the Board; or
- (b) Has been charged by the Board.
Authority: Health-General Article, §§2-104 and 19-1809; Health Occupations Article, §§1-212, 1-602—1-609, 9-205, 9-313—9-316.1, 9-3A-11—9-3A-17, and
9-401—9-407; State Government Article, §§10-201—10-226; Annotated Code of Maryland
Effective date: January 19, 2026 (53:1 Md. R 22)