1. A. The Board may resolve or dispose of a complaint by any of the following:

   1. (1) Consent agreement and order;
   2. (2) Civil penalty final order;
   3. (3) Consent agreement and censure;
   4. (4) Disposition agreement;
   5. (5) Dismissal;
   6. (6) Final order;
   7. (7) Letter of advice;
   8. (8) Letter of admonishment;
   9. (9) Probation;
   10. (10) Referral to appropriate authorities;
   11. (11) Referral to mediation;
   12. (12) Stay;
   13. (13) Stet; or
   14. (14) Other authorized action of the Board.

2. B. After the issuance of a notice of Board action and charging document to a licensee, the Board and the licensee may voluntarily agree to enter into any of the following confidential case resolution procedures, which may result in a formal or informal action of the Board:

   1. (1) A case resolution conference call or meeting;
   2. (2) Settlement negotiations; or
   3. (3) Mediation of interested parties.
3. C. A case resolution procedure shall be completed within 180 days of issuance of a notice of Board action, unless the Board finds good cause to grant additional time upon a written request and showing by the licensee.
4. D. The Board may issue a default order to a licensee who, without good cause, fails to respond to a notice of agency action or to comply with a Board order.
5. E. A licensee who receives a default order may request a nonevidentiary show cause hearing within 10 days of receipt of the order.
6. F. If the Board and a licensee are unable to reach an agreement, the matter may proceed to a hearing, if the licensee requested a hearing in writing in a timely manner.
7. G. The Board in its discretion may abrogate a prior order or issue a modified order.
8. H. Except for consideration of a proposed resolution of a case, admissions, facts revealed, proposals, or positions taken, unless the information is available from other sources or through discovery, are not admissible in a contested case hearing.
9. I. Participation in a case resolution procedure is not ordinarily a basis for recusal of Board member from further proceedings in a case.

Authority: Agriculture Article, §§2-302.1, 2-304, 2-307.1, 2-310, 2-310.1, and 2-311; State Government Article, §§10-207—10-209; Annotated Code of Maryland

Effective date: June, 1968

Regulation .01 amended effective December 2, 1996 (23:24 Md. R. 1683)

Preface recodified as Regulation .01 and Regulation .01 recodified as Regulation .01-1, April, 1997

Regulation .10A amended effective April 8, 1985 (12:7 Md. R. 708)

Chapter revised effective October 15, 2012 (39:20 Md. R. 1308)