Md. Code Regs. 10.07.16.20 - Emergency Suspension
A. The
Secretary may immediately suspend a license on a finding that the public
health, safety, or welfare requires emergency action.
B. The Department shall deliver a written
notice to the licensee:
(1) Informing the
licensee of the emergency suspension;
(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) Notifying the licensee of the licensee's
right to request a hearing and to be represented by counsel.
C. The filing of a hearing request
does not stay the emergency action.
D. When a license is immediately suspended,
the licensee shall:
(1) Immediately return the
license to the Department; and
(2)
Stop providing services immediately.
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.
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.
G. If the Secretary's final decision does not
uphold the emergency suspension, the licensee may resume operation.
Notes
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