Regulation .20 Emergency Suspension.
Regulation .20 Emergency Suspension.LinkCopy Citation
A.
The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.
B.
The Department shall deliver a written notice to the licensee:
(1)
Informing the licensee of the emergency suspension;
(2)
Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that form the basis for the emergency suspension; and
(3)
Notifying the licensee of the licensee's right to request a hearing and to be represented by counsel.
C.
The filing of a hearing request does not stay the emergency action.
D.
When a license is immediately suspended, the licensee shall:
(1)
Immediately return the license to the Department; and
(2)
Stop providing services immediately.
E.
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 .22 of this chapter.
F.
The Office on Administrative Hearings shall conduct a hearing as set forth in Regulation .22 of this chapter and issue a proposed decision. 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.
G.
If the Secretary's final decision does not uphold the emergency suspension, the licensee may resume operation.