Code of Maryland Regulations
Title 28 - OFFICE OF ADMINISTRATIVE HEARINGS
Subtitle 04 - REVIEW OF DECISIONS AND ACTIONS OF HEALTH OCCUPATIONS BOARD AND COMMISSIONS
Chapter 28.04.01 - Referrals, under a new subtitle, Subtitle 04 Review of Decisions and Actions of Health Occupations Boards and Commissions
Section 28.04.01.04 - Referral of Decision or Action for Review

Universal Citation: MD Code Reg 28.04.01.04

Current through Register Vol. 51, No. 19, September 20, 2024

A. A board or commission shall refer a decision or action to the Office as required by Health Occupations Article, § 1-203, Annotated Code of Maryland, and this chapter.

B. Boards and commissions may not refer decisions or actions that consist of the following:

(1) Ministerial acts;

(2) The internal operations of a board or commission;

(3) Investigations;

(4) Disciplinary charges that have not led to proposed disciplinary action; and

(5) As it relates to an individual regulated by a board or commission:
(a) Consent orders; and

(b) Letters of surrender.

C. A board or commission may initiate a referral to the Office by transmitting a form substantially similar to that in Appendix A of this chapter.

D. A board or commission may request expedited review by the Office by including the phrase "EXPEDITED REVIEW REQUESTED " on the transmittal form.

E. A request for expedited review by the Office shall be granted if:

(1) The board or commission establishes that immediate action is necessary to protect public health and safety;

(2) The decision or action involves a cease and desist order; or

(3) The decision or action of the board or commission involves the summary suspension of a license.

F. The board or commission may withdraw the referral to the Office at any time before the decision is issued.

G. Computation of time is governed by COMAR 28.02.01.04C.

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