<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".13" citation="COMAR 10.05.01.13" title_num="10" subtitle_num="05" chapter_num="01" heading="Emergency Suspension.">
  <paragraph num="A.">
    <text>The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The Department shall deliver a written notice to the licensee informing the licensee of the emergency suspension, giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension, and notifying the licensee of the licensee's right to request a hearing and to be represented by counsel.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The filing of a hearing request does not stay the emergency action.</text>
  </paragraph>
  <paragraph num="D.">
    <text>When a license is immediately suspended, the licensee shall:</text>
    <paragraph num="(1)">
      <text>Immediately return the license to the Department; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Stop providing services immediately.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>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 .16 of this chapter.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Office on Administrative Hearings shall conduct a hearing as set forth in Regulation .16 of this chapter and issue a proposed decision within 10 business days of the close of the hearing record. 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.</text>
  </paragraph>
  <paragraph num="G.">
    <text>If the Secretary's final decision does not uphold the emergency suspension, the licensee may resume operation.</text>
  </paragraph>
</regulation>