1. A. The charging document shall:

   1. (1) Give reasonable notice of the Board’s action;
   2. (2) Comply with State Government Article, §10-207, Annotated Code of Maryland;

   3. (3) Notify the respondent of, if applicable:

      1. (a) Any proceedings scheduled before the Board and the consequences of failing to appear for those proceedings; and
      2. (b) An opportunity to request a hearing within a certain period of time and the consequences of failing to request a hearing; and
   4. (4) Be accompanied by a letter of procedure notifying the respondent of the applicability of the Administrative Procedure Act to the Board's proceedings.
2. B. If the respondent does not participate in the Board proceeding without a valid reason, the Board may nevertheless proceed in adjudicating the case or issue a default order.
3. C. If the Board initiates an investigation or if the Board issues a notice of initial denial to an applicant for a license, the applicant may not withdraw the application without approval of the Board.
4. D. A notice of denial of a provisional license does not entitle the applicant, nursing home, or assisted living program to a hearing under this chapter.
5. E. After the administrative prosecutor has drafted the charging document, if acceptable, a Board officer or the Board Executive Director shall sign the charging document.
6. F. An investigation and prosecution of charges may proceed if a respondent's license expires after a Board investigation has been initiated or charges have been issued.

7. G. Service of the Charging Document. If the Board issues a charging document, the charging document shall be served upon the respondent at the address the respondent maintains for purposes of licensure or the respondent’s last known address by:

   1. (1) U.S. first-class mail;
   2. (2) Certified mail;
   3. (3) Hand delivery in person or by courier;
   4. (4) Delivery service for which a signature is required;
   5. (5) Electronic means; or
   6. (6) A method otherwise agreed to by the respondent or respondent’s counsel.
8. H. If service of the charging document is provided by electronic means, under §G(5) of this regulation, and no response or delivery receipt is obtained from the e-mail address to which service of the charging document was provided, the Board shall serve the charging document through other means under §G of this regulation.

9. I. Case Resolution Conference.

   1. (1) After service of the charging document or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference.
   2. (2) Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are confidential and without prejudice and may not be used by the respondent, administrative prosecutor, or Board in any subsequent proceedings, unless the information is otherwise discovered or available by other appropriate means.

   3. (3) Recommendations of the case resolution conference committee are not binding on the Board, which may:

      1. (a) Accept the proposed resolution; or
      2. (b) Modify a proposed settlement.
   4. (4) If the respondent and the administrative prosecutor are unable to reach an agreement for settlement that is proposed by the case resolution conference committee, or the Board, the matter shall proceed to a hearing on the charges.
   5. (5) Participation in a case resolution conference is not a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings in a case.

10. J. Discovery.

    1. (1) Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce copies of documents that the opposing party intends to be produced at the hearing within 30 days of service of the request.

    2. (2) Mandatory Discovery.

       1. (a) At least 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier, each party shall provide to the other party:

          1. (i) The name and curriculum vitae of any expert witness who will testify at the hearing; and
          2. (ii) A detailed written report summarizing the expert testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.
       2. (b) Upon motion, if the Board Chair or the Board Chair’s designee, who shall be a Board member, or the Office of Administrative Hearings, as appropriate, finds that the expert report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, or the proposed expert is unqualified, the testimony of the expert and any report of the expert shall be excluded from the hearing.
       3. (c) If an expert adopts a sufficiently specific charging document as the expert report, that adoption shall satisfy the requirements set forth in this section.

11. K. Motions and Orders for a Hearing Before the Board.

    1. (1) Motions shall:

       1. (a) Be in writing and filed with the Board and shall include the pertinent facts and legal authorities relied upon;
       2. (b) Be decided by the Chair of the Board or the Chair’s designee, who shall be a Board member;
       3. (c) Be served upon the opposing party’s legal counsel, if the opposing party is represented, and upon the opposing party, if not represented by legal counsel; and
       4. (d) Contain a certificate of service.
    2. (2) Unless shortened or extended by the presiding officer, the opposing party has 15 days from service of the motion to respond to the motion.
    3. (3) Except as otherwise provided by this regulation, the Chair of the Board or the Chair’s designee, who shall be a Board member, may decide any issues needed to facilitate Board proceedings after the charging document is issued.
    4. (4) Parties may be notified of decisions and orders from this chapter by the Board’s Executive Director, who may also sign decisions and orders on behalf of the Board or the Board decision maker.

12. L. Pre-Hearing Conference for Hearings Before the Board.

    1. (1) The Board may hold a pre-hearing conference.

    2. (2) If the Board holds a pre-hearing conference, at minimum:

       1. (a) A Board member shall attend; and

       2. (b) Both parties shall disclose any:

          1. (i) Anticipated witnesses; and
          2. (ii) Documents anticipated to be offered into evidence.
    3. (3) Both parties have a continuing duty to supplement their disclosures of witnesses and documents.
    4. (4) The parties shall comply with the pre-hearing conference instructions and orders.

    5. (5) In the case of unforeseen circumstances which would otherwise impose an extraordinary hardship on a party:

       1. (a) If a prehearing conference is scheduled, witnesses or documents may not be added to the list after the prehearing conference; or
       2. (b) If no prehearing conference is scheduled, witnesses or documents may not be added to the list later than 15 days before the hearing.
    6. (6) The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes.
    7. (7) Failure to comply with discovery, pre-hearing conference instructions, or orders may result in the exclusion of witnesses from testifying or documents from being admitted or default.

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)