Pursuant to its authority under State Government Article, §10-226(c), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that the public health, safety, or welfare imperatively requires emergency action against the licensee. Notice of Intent to Summarily Suspend. Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue a notice of intent to summarily suspend a license. If the Board votes to issue a notice of intent to summarily suspend a license or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution. A notice of intent to summarily suspend a license shall include: A proposed order of summary suspension which is unexecuted by the Board and includes: The statutory authority on which the action has been taken; Allegations of fact that the Board believes demonstrate that the public health, safety, or welfare imperatively requires emergency action against the licensee; and Notice to the respondent of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and An order or summons to appear before the Board to show cause as to why the Board should not execute the order of summary suspension, which notifies the respondent of the consequences of failing to appear. Service. The Board shall serve a respondent with a notice of intent to summarily suspend a license no later than 5 days before a pre-deprivation show cause hearing is scheduled before the Board. Service of the notice of intent to summarily suspend shall be made as provided under COMAR 10.33.07.04G and H that includes proof of delivery. If the Board is unable to serve the notice of intent to summarily suspend a license upon the respondent as described in §B(4)(a) and (b) of this regulation, the Board may nevertheless proceed to prosecute the case. Pre-Deprivation Opportunity to Be Heard. If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause as to why the respondent’s license should not be suspended before the Board executes the order of summary suspension. Pre-Deprivation Show Cause Hearing Before the Board. The hearing shall be a non-evidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension. The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each party’s oral argument. The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. The respondent and the administrative prosecutor may not exceed 30 minutes each to present oral argument. The respondent shall proceed first and may reserve part of the allotted time for rebuttal. The presiding officer: May allow either the respondent or the administrative prosecutor to present documents or exhibits which are relevant and material to the proceedings and which are not unduly repetitious, if the presiding Board member believes that the documents or exhibits are necessary for a fair hearing; and May not allow testimony by any witness unless agreed to by the parties and approved by the presiding Board member in advance of the hearing. A Board member may be recognized by the presiding member to ask questions of either party appearing before the Board. Post-Deprivation Opportunity to be Heard. Extraordinary Circumstances. The Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend a license or providing a respondent with an opportunity for a pre-deprivation hearing if the Board determines that: The public health, safety, or welfare imperatively requires the immediate suspension of the license; and Prior notice and an opportunity to be heard are not feasible. Time — Service and Hearing. An order of summary suspension under §D(1) of this regulation shall be served on the respondent promptly after its execution as provided by COMAR 10.33.07.04G and H that includes proof of delivery. The respondent shall be provided an opportunity for a post-deprivation hearing before the Board within 15 days after the effective date of the summary suspension, which shall provide the respondent with an opportunity to show cause as to why the Board should lift the summary suspension and reinstate the license. If the respondent requests a hearing under §B(3)(a)(iii) of this regulation, that hearing shall: Be conducted before the Board; and Provide the respondent with an opportunity to show cause as to why the Board should lift the summary suspension and reinstate the license. Burdens of Production and Persuasion. In a show cause proceeding under §C of this regulation, the respondent may present argument in opposition to the allegations presented in the order for summary suspension or which otherwise demonstrate that the public health, safety, or welfare does not imperatively require the immediate suspension of a license. The administrative prosecutor bears the burden of demonstrating by a preponderance of the evidence that the health, safety, or welfare of the public imperatively requires the Board to summarily suspend the respondent’s license. Disposition. If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, the Board may, after the show cause hearing, vote to: Order a summary suspension; Deny the summary suspension; or Issue an order agreed to by the parties. If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the hearing, vote to: Affirm its order of summary suspension; Terminate or rescind the order for summary suspension; or Issue an order agreed to by the parties. An order for summary suspension or other order issued by the Board after the initiation of summary suspension proceedings are final orders of the Board and public records under General Provisions Article, §4-333, Annotated Code of Maryland. Post-Deprivation Opportunity for an Evidentiary Hearing. If the Board orders the summary suspension of a license under §§C or D of this regulation, the respondent shall have an opportunity for an evidentiary hearing before the Board, or, if the Board delegates the matter to the Office of Administrative Hearings, before an administrative law judge. The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension. An evidentiary hearing may be consolidated with a hearing on charges issued by the Board that include the facts which form the basis for the summary suspension. An evidentiary hearing shall be conducted under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. If the Board delegates the matter to the Office of Administrative Hearings, unless otherwise specified by the Board, the administrative law judge shall issue a proposed decision to the Board with: Proposed findings of fact; Proposed conclusions of law; and A proposed disposition. If the hearing is one combined with charges, and the Board delegates the matter to the Office of Administrative Hearings, the administrative law judge’s determination of the merits of the summary suspension shall be based only on the parts of the record available to the Board when the Board voted for summary suspension. The parties may file exceptions to the proposed decision, as provided in State Government Article, §10-216, Annotated Code of Maryland. An order issued by the Board after a pre-deprivation or post-deprivation hearing is a public record under: Health Occupations Article, §1-607, Annotated Code of Maryland; and General Provisions Article, §4-333, Annotated Code of Maryland.