<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".14" citation="COMAR 10.32.21.14" title_num="10" subtitle_num="32" chapter_num="21" heading="Investigations and Hearings.">
  <paragraph num="A.">
    <text>Except as otherwise provided in State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, before the Board or a disciplinary panel takes any action under Health Occupations Article, §14-5F-18(a), Annotated Code of Maryland, the Board shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or disciplinary panel in accordance with the hearing requirements of Health Occupations Article, §14-405, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Crime Involving Moral Turpitude.</text>
    <paragraph num="(1)">
      <text>On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the office of the attorney general.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Board shall investigate any complaint filed with the Board that alleges that there are grounds for action under Health Occupations Article, §14-5F-18, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An investigation and any reports and recommendations related to the investigation are confidential, subject to the exceptions under §E of this regulation.</text>
  </paragraph>
  <paragraph num="E.">
    <text>On the request of a person who has made a complaint to the Board, the Board shall provide the person with information on the status of the complaint.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Board shall give notice and the Board or disciplinary panel hold the hearing in accordance with the Administrative Procedure Act.</text>
  </paragraph>
  <paragraph num="G.">
    <text>The individual may be represented at the hearing by counsel.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Over the signature of an officer or the administrator of the Board or disciplinary panel, the Board or disciplinary panel may issue subpoenas and administer oaths in connection with any investigation under Health Occupations Article, §14-5F-18, Annotated Code of Maryland, and any hearings or proceedings before the Board or disciplinary panel.</text>
  </paragraph>
  <paragraph num="I.">
    <text>If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.</text>
  </paragraph>
  <paragraph num="J.">
    <text>If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board or disciplinary panel may hear and determine the matter.</text>
  </paragraph>
  <paragraph num="K.">
    <text>Appeal.</text>
    <paragraph num="(1)">
      <text>Any person aggrieved by a final decision of the Board or a disciplinary panel under Health Occupations Article, §14-5F-01 et seq., Annotated Code of Maryland, in a contested case, as defined in the Administrative Procedure Act, may take a direct judicial appeal.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>An order of the Board or a disciplinary panel may not be stayed pending judicial review.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.</text>
    </paragraph>
  </paragraph>
  <paragraph num="L.">
    <text>The Board may issue a cease and desist order for:</text>
    <paragraph num="(1)">
      <text>Practicing naturopathic medicine without a license or with an unauthorized person; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Supervising or aiding an unauthorized person in the practice of naturopathic medicine.</text>
    </paragraph>
  </paragraph>
</regulation>