Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 31 - HEALTH OCCUPATION BOARDS
Chapter 10.31.01 - Code of Conduct for Board Members and Investigators
Section 10.31.01.03 - Recusal of Board Members
Universal Citation: MD Code Reg 10.31.01.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. Standards for Recusal.
(1) A Board member
shall recuse himself or herself from board proceedings which involve situations
in which the board member:
(a) Has a conflict
of interest; or
(b) Cannot
participate fairly and impartially.
(2) Personal familiarity with a respondent
does not, of itself, require recusal of a board member.
B. Board Counsel Advice. A board member may seek the advice of the board's counsel in determining the need for recusal on a specific matter.
C. Requirements Following Recusal.
(1) The board member who
is recused from a matter before the board may not:
(a) Participate in the board's discussion or
vote on the matter; or
(b) Discuss
the matter with other members of the board or discuss the board's review of the
matter with other individuals.
(2) If the matter before the board is a
disciplinary matter, the board member who is recused shall physically leave the
room to ensure nonparticipation.
(3) The board shall document the recusal of
the board member in the minutes of the board meeting.
D. Complaint Against a Board Member.
(1) A board member against whom a complaint
is filed shall follow §C of this regulation for all discussion and voting
concerning the complaint filed against the board member.
(2) If the board determines that there is an
additional matter before the board which is reasonably related to the complaint
filed against the board member, the board member against whom the complaint is
filed shall follow §C of this regulation for the additional matter
also.
(3) If, after investigation
of the complaint, the board refers the case to the Attorney General's Office,
the board member shall recuse himself or herself from all board activities
until the final disposition of the case.
E. Liaison.
(1) A board member may not serve as a liaison
on a complaint in which the board member has a conflict of interest.
(2) A board member who serves as the liaison
on a specific complaint may:
(a) Participate
in discussion of the complaint;
(b)
Vote on the decision regarding charges based on the complaint; and
(c) Participate in the case resolution
conference for the complaint.
(3) A board member who serves as the liaison
on a specific complaint may not:
(a)
Participate in a hearing on the complaint conducted by the board; or
(b) Participate in the discussion or vote on
the complaint following the hearing conducted either by the board or by the
Office of Administrative Hearings (OAH) through authority delegated from the
board.
Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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