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 10.28.04.09 - Restoration of a License
Universal Citation: MD Code Reg 10.28.04.09
Current through Register Vol. 51, No. 19, September 20, 2024
A. Reinstatement.
(1) A licensee shall petition
the Board for a lifting of a suspension of a license or a reinstatement
following revocation or surrender of a license.
(2) A licensee who petitions the Board for
reinstatement pursuant to terms and conditions for reinstatement set out in a
final order, letter of surrender, or other order of the Board shall apply for
reinstatement only pursuant to those terms and conditions.
(3) A licensee whose license has been revoked
or surrendered for 3 years or more before filing a petition for reinstatement
is not eligible for reinstatement but instead shall apply for initial
licensure.
(4) In addition to
complying with any conditions for reinstatement ordered by the Board, an
applicant for reinstatement shall:
(a) File an
application for reinstatement with the Board;
(b) Meet the requirements for reinstatement
set out in COMAR 10.28.05; and
(c)
Achieve a passing score on the Board's law examination.
B. Notice of Intent to Deny Reinstatement and Opportunity for a Hearing.
(1) If the Board issues a notice of intent to
deny reinstatement, that notice shall be served as provided for in Regulations
.05C(1) and (3) of this chapter.
(2) A notice of intent to deny reinstatement
shall:
(a) Inform the applicant of the legal
basis for the Board's belief that the applicant is not qualified for
reinstatement, including any applicable statutory provision;
(b) Allege any facts which the Board believes
support the Board's reasons for denying reinstatement; and
(c) Notify the respondent of any proceedings
scheduled before the Board or of an opportunity to request a hearing within a
certain period of time and the consequences of failing to appear for those
proceedings or to request a hearing.
(3) If the applicant requests a hearing on
the notice of intent to deny reinstatement, the Board shall, before the
hearing, provide the applicant with a case resolution conference as provided in
Regulation .05E of this chapter, to discuss settlement of the matter.
(4) A hearing on the notice of denial of
reinstatement shall be held before the Board or be delegated to an
administrative law judge and conducted pursuant to the contested case
provisions of the Administrative Procedure Act.
C. If the Board grants reinstatement of a license, it may impose any restrictions or conditions on the license or the licensee's practice that it deems appropriate.
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