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<regulation prefix="Regulation" num=".06" citation="COMAR 10.28.04.06" title_num="10" subtitle_num="28" chapter_num="04" heading="Proceedings under Health Occupations Article, §11-313, Annotated Code of Maryland — Sanctions, Hearings, and Final Order.">
  <paragraph num="A.">
    <text>Surrender of License.</text>
    <paragraph num="(1)">
      <text>The Board may require conditions for surrender of a license, including, but not limited to:</text>
      <paragraph num="(a)">
        <text>The admission of a violation of the Maryland Optometry Act;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The admission of facts;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A statement of the circumstances under which the surrender was offered or accepted;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Restrictions on future licensure;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Conditions for reinstatement of the license; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>An agreement that the respondent may not again apply for reinstatement of the license.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>A letter of surrender is a final order of the Board and is a public record pursuant to State Government Article, §10-611, Annotated Code of Maryland, unless the Board determines that disclosure of the surrender is not in the public interest.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Hearings on Charges or Notice of Initial Denial.</text>
    <paragraph num="(1)">
      <text>Hearings shall be conducted pursuant to State Government Article, Title 10, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Board may delegate its authority to hear contested cases to the Office of Administrative Hearings.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Proceedings are not open to the public and all records, including the recommended decision, shall be treated as confidential and sealed.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If a matter has been delegated to the Office of Administrative Hearings, the administrative law judge presiding over the proceedings shall issue to the Board a recommended decision containing:</text>
      <paragraph num="(a)">
        <text>Proposed or final findings of fact;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Proposed or final conclusions of law;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A proposed sanction; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Any combination of §B(4)(a) — (c) of this regulation pursuant to the Board's delegation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Burden of Proof.</text>
    <paragraph num="(1)">
      <text>A licensee against whom the Board has issued a notice of initial denial has the burden to demonstrate by a preponderance of the evidence that the licensee is entitled to licensure or to receive the benefit sought which the Board has initially denied.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Board has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Optometry Act.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Exceptions and Exceptions Hearing.</text>
    <paragraph num="(1)">
      <text>If a matter has been delegated by the Board to the Office of Administrative Hearings, a party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Within 15 days after the issuance of the recommended decision, or as otherwise specified by the administrative law judge in the recommended decision, either party may file written exceptions with the Board.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Unless otherwise permitted by the Board, a party's written exceptions may not be longer than 25 double-spaced pages. The exceptions shall state with particularity:</text>
      <paragraph num="(a)">
        <text>The finding of fact, conclusion of law, or other matter excepted to; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The relevant portions of the record supporting the party's exception.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Within 10 days after a party's exceptions are filed with the Board, the opposing party may file an answer to exceptions.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Unless otherwise permitted by the Board, a party's answer to exceptions may not be longer than 25 double-spaced pages. The answer shall state with particularity a response to an exception and the relevant portions of the record supporting that response.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Unless otherwise permitted, the Board may not consider a party's response to an answer to exceptions.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Unless otherwise agreed by the parties and permitted by the Board, an exceptions hearing shall be scheduled for the next meeting of the Board following receipt of the parties' exceptions and any answer to exceptions.</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Exceptions Hearing.</text>
      <paragraph num="(a)">
        <text>An exceptions hearing shall be held before the Board.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The hearing shall be a non-evidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and answers to exceptions.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The Board member presiding over the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument.</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The presiding Board member shall make any rulings reasonably necessary to facilitate the effective and efficient progress of the hearing.</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The party who filed the exceptions shall proceed first and may reserve part of the allotted time for rebuttal.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Unless otherwise agreed by the parties and permitted by the Board, the parties may not, in any answer to exceptions, or in the hearing on exceptions, reference any document or other evidence or offer any exhibit that is outside the record of the evidentiary hearing before the administrative law judge.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>If neither party files exceptions within the time specified in §D(2) of this regulation, the Board shall consider only the recommended decision of the administrative law judge and the record of the evidentiary hearing in making its final decision.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Board Final Decision and Order.</text>
    <paragraph num="(1)">
      <text>After review of the record and deliberation, the Board shall issue a final order consisting of findings of fact, conclusions of law, and the sanction or disposition to be imposed.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon a finding that there has been a violation of the Maryland Optometry Act, the Board may order that the licensee be fined, reprimanded, or placed on probation, or that the license be suspended or revoked.</text>
    </paragraph>
  </paragraph>
</regulation>