1. A. Complaint.

   1. (1) Any person, government entity, public officer, association, or the Board may submit to the Board a complaint against any licensee, applicant, or individual for due cause.

   2. (2) The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges or indicates that:

      1. (a) A licensee has failed to meet any standard governing the practice of the licensee’s profession;
      2. (b) A licensee or an applicant has violated disciplinary grounds of the Board; or

      3. (c) An unlicensed individual:

         1. (i) Is practicing nursing home administration or assisted living management in this State without a license or proper authorization; or
         2. (ii) Has represented to the public that the individual is authorized to practice nursing home administration or assisted living management in this State without a license or proper authorization from the Board.
   3. (3) The Board may investigate responses in a Board licensure application that may warrant denial of the application.

2. B. Representation by Counsel.

   1. (1) A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings.

   2. (2) If the matter goes to a hearing, a respondent may be represented by:

      1. (a) The respondent; or

      2. (b) An attorney who is:

         1. (i) Admitted to the Maryland Bar; or
         2. (ii) Specially admitted to practice law pursuant to Maryland Rule 19-217.
   3. (3) An administrative prosecutor assigned to the Board by the Office of the Attorney General shall prosecute disciplinary matters in Board proceedings.
   4. (4) The Board may be represented by and obtain the advice of counsel assigned to it by the Office of the Attorney General in all proceedings.

3. C. Confidentiality of Proceedings.

   1. (1) Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this regulation.
   2. (2) The Office of Administrative Hearings’ proceedings involving the adjudication of a Board-contested case and the administrative law judge's proposed decision are confidential. The parties may not waive the confidentiality of the proceedings or of the residents whose medical records or care are reflected in the record of the proceedings.
   3. (3) Except as otherwise provided by law, even after a final decision is issued by the Board, the parties may not reveal the identity of any residents or patients referenced in the Board proceeding.

4. D. Investigation of Complaint.

   1. (1) After receipt of a complaint, the Board staff:

      1. (a) Shall send an acknowledgement to the complainant;
      2. (b) Shall present the complaint to the disciplinary committee of the Board; and
      3. (c) May forward the complaint to another regulatory agency that has jurisdiction over the matter.

   2. (2) The Board's disciplinary committee shall:

      1. (a) Review a complaint over which the Board has jurisdiction; and
      2. (b) Make a recommendation to the Board on whether to open a formal investigation of a complaint. The disciplinary committee may recommend to the Board closure of the case based on a preliminary investigation of the complaint.
   3. (3) Prior to or after a decision on whether to open a formal investigation of a complaint, the Board may send a summary or a copy of the complaint, either in its entirety or redacted, to the licensee, applicant, or individual who is the subject of the complaint to obtain a response to the allegations made in the complaint.
   4. (4) Participation in review of complaints made to the Board is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in the case.
   5. (5) If the Board votes for a formal investigation, an investigator shall be assigned to the investigation.

   6. (6) As part of its investigation, the Board may issue investigative subpoenas requiring attendance and testimony or the production of records or tangible objects. The subpoena shall be:

      1. (a) Signed by:

         1. (i) The Board’s Executive Director; or
         2. (ii) A Board officer;

      2. (b) Served by:

         1. (i) U.S. first-class mail;
         2. (ii) Certified mail to the address the respondent is required to maintain with the Board;
         3. (iii) Hand delivery in-person or by courier;
         4. (iv) Delivery service for which a signature is required;
         5. (v) Electronic means; or
         6. (vi) A method otherwise agreed to by the person or government entity to whom the subpoena is directed or the person’s counsel.
5. E. Subpoenas. If service of the subpoena is provided by electronic means, under §D(6)(b)(v) of this regulation, and no response or delivery receipt is obtained from the e-mail address to which service of the subpoena was provided, the Board shall serve the subpoena through other means under §D(6)(b) of this regulation.
6. F. Except as otherwise provided by law, Board investigations are confidential.

7. G. For each complaint, after a review of the complaint, pertinent investigative material, and the disciplinary committee’s recommendation, the Board shall:

   1. (1) Close the case;
   2. (2) Close the case with a nonpublic informal advisory letter to the licensee; or

   3. (3) Vote to take any of the following actions:

      1. (a) Charge the licensee with a violation or violations of Health Occupations Article, §§9-314 or 9-3A-12, Annotated Code of Maryland, or a violation or violations of Regulation .06 of this chapter;
      2. (b) Summarily suspend a license or issue a Notice of Intent to Summarily Suspend;
      3. (c) Issue an intent to deny an application for licensure;
      4. (d) Issue a cease and desist order; or
      5. (e) Take any action against a respondent authorized by the subtitle or law that entitles the respondent to a contested case hearing.

8. H. Referral to Prosecutor.

   1. (1) After a vote for disciplinary action or actions, the matter shall be referred to an administrative prosecutor for prosecutorial action.
   2. (2) After the administrative prosecutor has drafted the charging document, notice, or order of the disciplinary action or actions, if acceptable, a Board officer or the Board Executive Director shall sign the charging document, notice, or order of the disciplinary action or actions and the licensee, applicant, or individual shall be served.

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)