Chapter 05. Rules of Procedure for Board Hearings

“Administrative law judge” means the hearing officer assigned to preside over a hearing in a case which the Board has delegated to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland.

“Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges issued by the Board.

“Board” means the State Board of Physical Therapy Examiners.

“Case resolution conference” means a voluntary, informal, and confidential meeting between the parties to a contested case and the Board’s case resolution conference committee to discuss possible settlement of a disciplinary matter pending before the Board.

“Case resolution conference committee” means a committee comprised of one or more members of the Board who make recommendations to the Board regarding settlement of disciplinary matters.

“Cease and desist order” means a public letter issued by the Board ordering:

“Charges” means a nonpublic record issued by the Board which:

“Complaint” means an allegation:

“Consent order” means a final order issued by the Board that has been negotiated and agreed to by both the licensee and the Board to resolve a formal disciplinary action.

“Contested case” means a proceeding conducted pursuant to the Administrative Procedure Act.

“Final order” means a public record issued by the Board resolving a formal disciplinary action, either by consent or after an adjudication, which:

“Formal disciplinary action” means action taken by the Board that:

“Hearing committee” means a committee of three or more members of the Board which conducts hearings.

“Informal action” means that the Board closes a case, without any formal disciplinary action or without issuing a final order, by sending the licensee a:

Letter of Admonishment.

Letter of Education.

“Letter of surrender” means a public record accepted by the Board in which the licensee agrees to surrender the licensee’s license, which may include conditions for the Board’s acceptance of the surrender as a resolution of the case.

“Licensee” means the holder of a license issued by the Board of Physical Therapy Examiners.

“Maryland Physical Therapy Act” means Health Occupations Article, Title 13, Annotated Code of Maryland.

“Notice of initial denial” means a nonpublic record issued by the Board by which an applicant or licensee is notified that the Board intends to deny a license, change a licensure status, or change some other benefit sought by the licensee.

“Party” means:

“Post-deprivation hearing” means a show cause or an evidentiary hearing scheduled by the Board after the Board has issued an order for summary suspension pursuant to State Government Article, §10-226(c)(2), Annotated Code of Maryland, in which the licensee may challenge the Board’s basis for issuing the order of summary suspension.

“Predeprivation hearing” means a show cause hearing at which the licensee has an opportunity to demonstrate to the Board why it should not:

“Presiding officer” means the chair of the Board or, in the chair’s absence, a Board member designated by the chair, who:

“Probation” means a sanction imposed by the Board in a public final order where the licensee is:

“Public record” means a document that the Board is permitted or required to disclose to the public pursuant to State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.

“Recommended decision” means a nonpublic record issued by a hearing committee or by an administrative law judge which sets out proposed findings of fact, proposed conclusions of law, and a proposed sanction, or any combination of these items.

“Recusal” means the disqualification of a member of the Board to participate in a proceeding because of interest, bias, or some other reason which may interfere with the Board member’s participation in the case.

“Respondent” means a licensee subject to the jurisdiction of the Board, who has been:

“Revocation” means the removal of a licensee’s license.

“Sanction” means an action by the Board which:

“Show cause hearing” means a nonevidentiary hearing in which the licensee has the opportunity to demonstrate to the Board why the Board should not issue a proposed order or continue to take an action that the Board is legally authorized to take.

“Summary suspension” means the indefinite suspension of a license pursuant to State Government Article, §10-226(c)(2), Annotated Code of Maryland, issued if the Board believes emergency action is necessary to protect the public health, safety, or welfare.

“Suspension” means the temporary denial of the right to use a license and is usually defined by:

Proceedings; or

Patients whose medical records or care are reflected in the record of the proceedings.

Legal documents; or

Oral statements.

In proper person; or

By an attorney who has been:

Submission of evidence;

Examination and cross-examination of witnesses; and

The filing of objections, exceptions, and motions.

Procedure;

Evidence; and

Law.

Dismiss the complaint;

Close the case with informal action;

Issue a cease and desist order;

Refer the matter for further investigation;

Refer the matter to an administrative prosecutor; or

Vote to:

Served on the respondent by certified mail at the address the respondent is required to maintain with the Board; or

Hand-delivered in person.

Inform the respondent of the statutory basis for the charges or denial of a license;

Allege sufficient facts that the Board believes constitute either a basis for:

Include the notice of hearing.

Certified mail at the address the respondent is required to maintain with the Board; or

Hand-delivery in person.

The date, time, place, and nature of the hearing;

The right to call witnesses and submit documents or other relevant evidence;

The right to request subpoenas for witnesses and evidence and the costs associated with such a request;

The right to representation;

That a failure to appear for the scheduled hearing may result in an adverse action against the party; and

That the parties may agree to the evidence and waive their right to appear at the hearing.

Deadlines for discovery and motions; or

Dates for the prehearing conference and case resolution conference.

Delineating the issues;

Stipulating to facts, laws, and other matters;

Arranging a schedule for the exchange of documents and witnesses;

Arranging a schedule for the submission of motions and responses to motions; or

Addressing any other matters that will promote the orderly and efficient conduct of the hearing.

If a prehearing conference has been held, a prehearing order may be issued by the presiding officer.

The prehearing order shall set forth the actions taken or to be taken with regard to any matter addressed at the prehearing conference.

If a prehearing conference is not held, the presiding officer may issue a prehearing order to regulate the conduct of the proceedings.

Absent an exception from the presiding officer, the prehearing order shall be binding on the parties.

Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are without prejudice and may not be used by the respondent, administrative prosecutor, or the Board in any subsequent proceedings, unless the information is otherwise discoverable or available through another source.

The Board is not bound by the recommendations of the case resolution conference committee and may:

If the respondent disagrees with the recommendation of the case resolution conference committee, the respondent may elect to proceed to a hearing on the matter, regardless of whether or not the Board has ratified the recommendation of the case resolution conference committee.

Participation in a case resolution conference is not a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings.

General Requirements.

Motion for Summary Decision.

A list of witnesses to be called;

Copies of documents intended to be produced at the hearing; or

Both §A(1) and (2) of this regulation.

Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier:

If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert.

The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments regarding the sufficiency of the report:

If an expert adopts a sufficiently specific charging document as the expert’s report, that adoption satisfies the requirements set forth in this section.

After the prehearing conference, if scheduled; or

Later than 15 days before the hearing, if no prehearing conference is scheduled.

In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this regulation shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01.

In the event of a conflict between this regulation and COMAR 28.02.01, this regulation applies.

A hearing committee of the Board; or

The Office of Administrative Hearings.

Hearings are not open to the public.

All records, including the hearing committee’s decision and the administrative law judge’s recommended decision, are confidential and sealed.

Pleadings;

Testimony;

Exhibits; and

Other memoranda or material filed in the proceeding.

Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board.

The stenographic record may not be transcribed, unless requested by a party or by the Board.

The cost of any typewritten transcripts of any proceedings, or parts of the transcript, shall be paid by the party requesting the transcript.

The presiding officer shall:

The presiding officer has the power to regulate the course of the hearing and the conduct of the parties, including the power to:

The rules of evidence in State Government Article, §10-213, Annotated Code of Maryland, apply to hearings before the Board.

A party may:

If a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by counsel.

The presiding officer, or a person designated by the presiding officer for that purpose, may examine a witness called by a party.

The presiding officer may call as a witness a person necessary to ensure a full and complete record.

Any Board member may examine any witness.

A party may submit a brief on the issues of fact and law involved in the hearing.

The presiding officer may designate:

The Board may refuse to consider a brief that is not timely filed or fails to conform to requirements imposed by the presiding officer.

Reschedule the hearing; or

In the Board’s discretion, proceed upon the investigation, report, documents, witnesses, and records before it.

A decision and order rendered by the Board shall:

A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or the party’s attorney of record.

The findings of fact, conclusions of law, and order shall be retained as a permanent record by the Board.

A party who is aggrieved by a final decision of the Board under Health Occupations Article, §13-316, Annotated Code of Maryland, may seek judicial review of the Board’s decision.

The judicial review shall be in accordance with the provisions of State Government Article, §§10-222 — 10-223, Annotated Code of Maryland.

Within 10 days after service on a party of the decision of the Board, the party may apply to the Board for rehearing.

The application shall state the grounds for rehearing.

The Board shall grant or deny the application within 20 days of its submission to the Board.

Unless otherwise ordered, neither the rehearing nor the application for rehearing shall:

At a rehearing, the Board shall only consider facts not presented in the original proceeding, including facts arising after the date of the original proceeding.

By new order, the Board may abrogate, change, or modify its original order.

File written exceptions to the recommended decision issued by the administrative law judge or the hearing committee; and

Present oral argument to the Board.

If either party files exceptions, the Board shall schedule an oral argument to be held before a quorum of the Board.

After oral argument, the Board shall prepare an order containing the:

The Board may refuse to hear oral argument if exceptions are not timely filed.

The presiding officer shall:

The party filing the exceptions shall proceed first.

Recommended decision of the administrative law judge or hearing committee;

Record developed before the administrative law judge or hearing committee; and

Any exceptions and responses filed by the parties.

Involves novel or unanticipated factual or legal issues;

Has significant fiscal consequences to the Board;

Involves policy issues of general applicability; or

Is likely to have precedential value.

The Board shall provide written notice of a revocation of the Office of Administrative Hearings’ authority:

The Board may revoke the Office of Administrative Hearings’ authority to decide a case at any time before the earlier of:

A decision issued by the Board shall reflect that the Office of Administrative Hearings’ authority was revoked.

The Board shall include as part of the record a copy of the revocation notice.

A notice of an intent to summarily suspend a license; or

An order of summary suspension.

Hand delivery in person to the respondent;

Certified mail to the address the respondent is required to maintain with the Board; or

Other reasonable means to effect service.

A notice of intent to summarily suspend a license shall include, but is not limited to:

Predeprivation Hearing.

The Board may order the summary suspension of a license without first issuing a notice of intent to summarily suspend or providing a respondent with a predeprivation hearing if the Board determines that the threat to public health, safety, and welfare requires the immediate suspension of the license.

Post-Deprivation Hearing.

After a show cause hearing, if the Board votes to continue the summary suspension, the respondent may request an evidentiary hearing before the Board.

An evidentiary hearing:

If the Board issues a notice of intent to summarily suspend a license, the Board may, after the show cause hearing, vote to:

If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the show cause hearing, vote to:

An order for summary suspension or any other order of the Board issued after the initiation of summary suspension proceedings is a:

The admission of a violation of the Maryland Physical Therapy Act;

The admission of facts;

A statement of the circumstances under which the surrender was offered or accepted;

Restrictions on future licensing;

Conditions for reinstatement of the license; or

An agreement that the respondent may not again apply for a license.

Final order of the Board; and

Public record.

Re-education or completion of approved courses;

Payment of a fine;

Practicing physical therapy or limited physical therapy under supervision;

Monitoring by the Board or by an individual or entity approved by the Board with periodic reporting to the Board;

Periodic review of a licensee’s practice;

Periodic audits of a licensee’s billing practice;

An examination by a physician or other appropriate health care provider;

Limitation of the licensee’s practice;

Drug screenings;

Individual or group counseling or therapy;

Obtaining a passing score on an appropriate examination; or

Any other condition the Board deems appropriate for the rehabilitation or retraining of a licensee.

Specific period of time has passed; or

Licensee has successfully completed the conditions or acts required for release.

Charge the licensee with a violation of probation;

Take any action provided for in the final order in the event of a violation of probation, including suspension of the license;

Consider a summary suspension of the license; or

Take any other action the Board deems appropriate and which the Board is authorized to take by law.

Take any action provided for in the final order in the event of a violation of probation;

Impose additional conditions or probation; or

Impose any sanction or take any other action that the Board deems appropriate and is authorized to take by law.

The terms and conditions of the order of revocation or suspension;

A letter of surrender;

An order of reinstatement issued by the Board; or

A final judgment in any proceeding for judicial review.

Be similar in every respect to an original license; and

Bear the new date of issue.