Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 28 - BOARD OF EXAMINERS IN OPTOMETRY
Chapter 10.28.04 - Rules of Procedure for Board Hearings
Section 10.28.04.02 - Definitions
Universal Citation: MD Code Reg 10.28.04.02
Current through Register Vol. 51, No. 19, September 20, 2024
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means the
hearing officer assigned to preside over a hearing in cases which the Board has
delegated to the Office of Administrative Hearings.
(2) "Administrative Procedure Act" means
State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland,
which governs contested cases arising from charges brought by the
Board.
(3) "Administrative
prosecutor" means the attorney assigned by the Office of the Attorney General
to prosecute disciplinary charges for the Board.
(4) "Board" means the State Board of
Examiners in Optometry.
(5) "Case
resolution conference" means an informal, confidential meeting between the
parties to a contested case and the Board's case resolution conference
committee to discuss possible settlement of a disciplinary matter pending
before the Board.
(6) "Case
resolution conference committee" means a committee composed of one of more
members of the Board who make recommendations to the Board regarding settlement
of disciplinary matters.
(7) "Cease
and desist letter" means an informal action consisting of a nonpublic letter
issued by the Board ordering:
(a) A licensee
to cease doing a specified activity; or
(b) An unlicensed individual to cease the
unauthorized practice of optometry.
(8) "Charging document" means a nonpublic
record issued by the Board which:
(a) Alleges
conduct by a licensee which the Board believes constitutes a violation under
the Maryland Optometry Act;
(b)
Sets forth sections of the Maryland Optometry Act that the Board believes were
violated; and
(c) Provides notice
to the licensee of disciplinary proceedings before the Board.
(9) "Complaint" means a written
allegation received by the Board that a licensee may have violated the Maryland
Optometry Act and which may be grounds for an investigation or disciplinary
action by the Board.
(10) "Consent
order" means a public record issued by the Board which is a final order of the
Board that has been negotiated and agreed to by both the licensee and the Board
to resolve a disciplinary matter.
(11) "Contested case" means a proceeding
conducted pursuant to the Administrative Procedure Act.
(12) "Disposition agreement" means a formal
nonpublic agreement, entered into with an impaired licensee in lieu of formal
disciplinary action, where the licensee agrees to comply with certain
conditions.
(13) "Final order"
means a public record issued by the Board resolving a contested case either by
consent or after an adjudication, which includes findings of fact, conclusions
of law, and a disposition which:
(a) Denies a
license;
(b) Sanctions by
reprimand, probation, fine, or suspension or revocation of a license;
(c) Summarily suspends a license;
(d) Dismisses charges;
(e) Surrenders a license; or
(f) Takes any other action that the Board is
authorized to do by law.
(14) "Imperatively requires emergency action"
means a finding by the Board that an emergency action be taken against a
licensee pursuant to State Government Article, §10-226(c)(2),
Annotated Code of Maryland, based on investigative facts that raise a
substantial likelihood of risk of harm to the public health, safety, or welfare
before a full evidentiary hearing can be held.
(15) "Informal action" means that the Board
closes a case, without taking any formal disciplinary action or issuing a final
order, by imposing a disciplinary sanction consisting of a:
(a) Letter of education;
(b) Letter of admonishment;
(c) Cease and desist letter; or
(d) Consent agreement.
(16) "Investigation" means the gathering of
information to assist the Board in determining whether there is reasonable
cause to charge a licensee with a violation of the Maryland Optometry
Act.
(17) Letter of Admonishment.
(a) "Letter of admonishment" means informal
action consisting of a nonpublic letter issued by the Board closing the case,
when the Board believes a licensee has engaged in conduct which violates the
Maryland Optometry Act.
(b) "Letter
of admonishment" includes admonishment of the licensee not to repeat the
actions.
(c) "Letter of
admonishment" may include an agreement that a licensee perform certain
conditions in lieu of the Board taking formal disciplinary action.
(18) "Letter of education" means
informal action consisting of a nonpublic letter:
(a) Issued by the Board when the Board does
not believe that conduct rose to the level of a violation of the Maryland
Optometry Act; and
(b) In which the
Board educates the licensee concerning the laws and standards of the practice
of optometry.
(19)
"Letter of surrender" means a public letter accepted by the Board in which the
licensee agrees to surrender the licensee's license to practice optometry,
which may include conditions for the Board's acceptance of the surrender as a
resolution of the case.
(20)
"Licensure" means permission to engage in a health care profession regulated by
the Board, which is in any form including a certificate, registration, or
license.
(21) "Maryland Optometry
Act" means Health Occupations Article, Title 11, Annotated Code of
Maryland.
(22) "Notice of initial
denial" means a nonpublic record issued by the Board by which an applicant or
licensee is notified that the Board intends to deny a license, change in
licensure status, or some other benefit sought by the licensee.
(23) "Penalty" means a monetary or
administrative penalty imposed pursuant to Health Occupations Article, §11-314, Annotated
Code of Maryland.
(24)
"Post-deprivation hearing" means a contested case hearing scheduled by the
Board after the Board has issued an order for summary suspension pursuant to
State Government Article, §10-226(c)(2),
Annotated Code of Maryland, in which the licensee may challenge the Board's
basis for issuing the order for summary suspension.
(25) "Predeprivation hearing" means a
non-evidentiary, show cause hearing held before the Board at which the licensee
has an opportunity to demonstrate to the Board why it should not:
(a) Issue an order for summary suspension
pursuant to State Government Article, §10-226(c)(2),
Annotated Code of Maryland; or
(b)
Take some other action which the Board is authorized by law to take.
(26) "Preliminary investigation"
means the gathering of information to be used by the Board to determine whether
the Board should dismiss a complaint or conduct further investigation to
determine if there is reasonable cause to charge a licensee with a violation of
the Maryland Optometry Act.
(27)
"Probation" means a sanction imposed by the Board in a public final order where
the licensee is:
(a) Monitored by the Board
for a period of time; and
(b)
Required to comply with certain conditions in order to avoid further
disciplinary action.
(28) "Prohibited act" means any conduct
specified in the Maryland Optometry Act which can result in sanctions or
penalties.
(29) "Public record"
means a document that the Board is permitted or required to disclose to the
public pursuant to the State Government Article, Title 10, Subtitle 6,
Annotated Code of Maryland.
(30)
"Recommended decision" means a nonpublic record issued to the Board by an
administrative law judge which sets out proposed findings of fact, proposed
conclusions of law, and a proposed sanction, or any combination of these
actions.
(31) "Recusal" means the
disqualification of a member of the Board to participate in a proceeding
because of interest, bias, or some other reason which may interfere with the
Board member's participation in a case.
(32) "Respondent" means a licensee, subject
to the jurisdiction of the Board, who has been:
(a) Given notice to answer allegations
concerning violations of the Maryland Optometry Act;
(b) Notified as to a potential emergency
suspension pursuant to State Government Article, §10-226(c),
Annotated Code of Maryland; or
(c)
Notified as to a potential violation of Health Occupations Article, §11-501, Annotated
Code of Maryland.
(33)
"Revocation" means the removal of an optometrist's license to practice
optometry.
(34) "Sanction" means an
action by the Board which:
(a)
Reprimands;
(b) Places on
probation;
(c) Fines;
(d) Suspends or revokes a license;
or
(e) Disciplines by a consent
order.
(35) "Show cause
hearing" means a non-evidentiary hearing held before the Board in which the
licensee has the opportunity to demonstrate to the Board why the Board should
not issue a proposed order or take an action that the Board is legally
authorized to take.
(36) "Stay"
means the withholding of an action ordered by the Board which may be subject to
certain conditions.
(37) "Summary
suspension" means the indefinite suspension of a license pursuant to State
Government Article, §10-226(c)(2),
Annotated Code of Maryland, where the Board believes that the action is
necessary to protect the public health, safety, or welfare.
(38) "Surrender" means the voluntary
relinquishing of a license to practice optometry which may be subject to
certain conditions set by the Board.
(39) "Suspension" means a temporary denial of
the right to use a license and is usually defined by:
(a) A specific period of time;
(b) Specific dates; or
(c) Specific conditions.
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