This chapter governs procedures for disciplinary matters and hearings before the State Board of Physical Therapy Examiners. In this chapter, the following terms have the meanings indicated. Terms Defined. “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: A licensee to cease doing a specified activity; or An unlicensed person to cease the unauthorized practice of physical therapy. “Charges” means a nonpublic record issued by the Board which: Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Physical Therapy Act; Sets forth sections of the Maryland Physical Therapy Act that the Board believes were violated; and Provides notice to the licensee of disciplinary proceedings before the Board. “Complaint” means an allegation: That a licensee may have violated the Maryland Physical Therapy Act; and Which may be grounds for an investigation or disciplinary action by the Board. “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: Denies a license; Sanctions by reprimand, probation, fine, or suspension or revocation of a license; Summarily suspends a license; Dismisses charges; Surrenders a license; Resolves the contested case by consent of the parties; or Takes any other action that the Board is authorized to do by law. “Formal disciplinary action” means action taken by the Board that: Is initiated by charges or a notice of initial denial; Is resolved by a consent order; Results in a summary suspension; or Results in a letter of surrender. “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 education; or Letter of admonishment. Letter of Admonishment. “Letter of admonishment” means an informal action taken by the Board consisting of a nonpublic letter closing the case when the Board believes a licensee has engaged in conduct which violated the Maryland Physical Therapy Act. “Letter of admonishment” may include a letter of agreement in which a licensee agrees to satisfy certain conditions in lieu of the Board issuing charges. Letter of Education. “Letter of education” means an informal action taken by the Board consisting of a nonpublic letter in which the Board: Closes the case when the Board does not believe that the licensee’s conduct rose to the level of a violation of the Maryland Physical Therapy Act; and Educates the licensee regarding the laws and standards of the practice of physical therapy. “Letter of education” may include a letter of agreement in which a licensee agrees to satisfy certain conditions. “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: The respondent or any person named or admitted as a party, or properly seeking and entitled as a right to be a party in a formal disciplinary proceeding; or The administrative prosecutor from the Office of the Attorney General presenting a case on behalf of the Board. “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: Issue an order for summary suspension pursuant to State Government Article §10-226(c)(2), Annotated Code of Maryland; or Take some other action which the Board is authorized to take. “Presiding officer” means the chair of the Board or, in the chair’s absence, a Board member designated by the chair, who: Conducts hearings before the Board; and Issues prehearing orders. “Probation” means a sanction imposed by the Board in a public final order where the licensee is: Monitored by the Board for a period of time; and Required to comply with certain conditions in order to avoid further disciplinary action. “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: Given formal notice of allegations concerning violations of the Maryland Physical Therapy Act; and Notified as to the possible imposition of sanctions or a summary suspension. “Revocation” means the removal of a licensee’s license. “Sanction” means an action by the Board which: Reprimands; Places on probation; Fines; Suspends or revokes a license; or Disciplines by way of a consent order. “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: A specified period of time; Specific dates; or Specific conditions. Except as otherwise provided by law, the proceedings of the Board are confidential and that confidentiality may not be waived by the parties. The Office of Administrative Hearings’ proceedings involving the adjudication of a Board formal disciplinary action and the administrative law judge’s recommended decision are confidential. The respondent may not waive the confidentiality of the: Proceedings; or Patients whose medical records or care are reflected in the record of the proceedings. To the extent possible, even after the close of a formal disciplinary action, the parties shall refrain from revealing the identity of any patients involved in the matter, including but not limited to, information contained in: Legal documents; or Oral statements. A respondent may be represented by counsel at any stage of a formal disciplinary action. If a hearing is held, the respondent shall be represented: In proper person; or By an attorney who has been: Admitted to the Maryland Bar; or Specially admitted to practice law pursuant to Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 16, Annotated Code of Maryland. The Board may request the Office of the Attorney General to participate in a hearing to present the case on behalf of the State. The member of the Office of the Attorney General presenting the case on behalf of the State shall have the same rights as any party with regard to: Submission of evidence; Examination and cross-examination of witnesses; and The filing of objections, exceptions, and motions. The Board may also request a member of the Office of the Attorney General to act as legal advisor to the Board on questions of: Procedure; Evidence; and Law. For each complaint, after reviewing any completed investigative information or reports, the Board shall: 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: Charge a licensee with a violation of the Maryland Physical Therapy Act; Consider the matter as a basis for a summary suspension; Initially deny a license or reinstatement of a license; or Accept the surrender of a license subject to conditions acceptable to the Board. The Board may refer a complaint or other disciplinary matter to the administrative prosecutor at any time, whether or not it has voted to charge a licensee with violations of the Maryland Physical Therapy Act. If the Board issues charges or a notice of initial denial, the document shall be: Served on the respondent by certified mail at the address the respondent is required to maintain with the Board; or Hand-delivered in person. Charges or notice of initial denial shall: 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: Violation of the Maryland Physical Therapy Act; or Denial of a license; and Include the notice of hearing. If the Board issues a notice of initial denial to an applicant for a license, the applicant may not withdraw the application without approval from the Board. Except for a show cause hearing, written notice of all hearings shall be sent by the Executive Director or an officer of the Board to all parties at least 30 days before the hearing. The Board shall serve the notice of hearing by either: Certified mail at the address the respondent is required to maintain with the Board; or Hand-delivery in person. The notice of hearing shall state, if applicable: 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. The notice of hearing may include: Deadlines for discovery and motions; or Dates for the prehearing conference and case resolution conference. The Board may set a prehearing conference or a case resolution conference, or both. The prehearing conference may be used to prepare for the hearing by: 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. Prehearing Orders. 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. Case Resolution Conference. 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: Modify the proposed settlement; Require additional conditions; or Reject the recommendation and require the respondent to proceed to a hearing. 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. Motions. General Requirements. Unless otherwise set forth in a prehearing order or notice of hearing, all motions shall be: Accompanied by a memorandum of points and authorities; and Filed with the Board at least 15 working days before the hearing. A copy of the motion shall be served on the opposing party. A response shall be filed with the Board at least 10 working days before the hearing and a copy served on the opposing party. The Board may refuse to consider a motion or response that is not timely filed. Motion for Summary Decision. A party may move for summary decision on any appropriate issue in the case. The Board may grant a proposed or final summary decision if the Board finds that: There is no genuine issue of material fact; and A party is entitled to prevail as a matter of law. Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following: 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. Mandatory Discovery. 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: The name and curriculum vitae of any expert witness who will testify at the hearing; and A detailed written report summarizing the expert’s testimony, which includes the: Opinion offered; Factual basis for the opinion; and Reasons underlying the opinion. 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: At the prehearing conference, if scheduled; or Immediately before the scheduled hearing. If an expert adopts a sufficiently specific charging document as the expert’s report, that adoption satisfies the requirements set forth in this section. Parties are not entitled to discovery of items other than as listed in §§A and B of this regulation. Both parties have a continuing duty to supplement their disclosure of witnesses and documents. Absent unforeseen circumstances that would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list: After the prehearing conference, if scheduled; or Later than 15 days before the hearing, if no prehearing conference is scheduled. The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes. Construction. 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. Hearings shall be conducted pursuant to the Administrative Procedure Act. The Board may delegate its authority to conduct hearings to: A hearing committee of the Board; or The Office of Administrative Hearings. Confidentiality. 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. Record. The Board shall prepare an official record of hearings which shall include all: Pleadings; Testimony; Exhibits; and Other memoranda or material filed in the proceeding. Transcript. 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. Presiding Officer. The presiding officer shall: Conduct a full, fair, and impartial hearing; Take action to avoid unnecessary delay in the disposition of the proceedings; Maintain order; and Adjourn or recess the hearing from time to time. The presiding officer has the power to regulate the course of the hearing and the conduct of the parties, including the power to: Permit the examination of witnesses; Rule on offers of proof and admit relevant and material evidence; Consider and rule upon motions; Grant a continuance or postponement; Determine the order in which the parties shall present their cases; Limit unduly repetitious testimony; Reasonably limit the time for presentation; and Issue orders as necessary to: Secure procedural simplicity and administrative fairness; and Eliminate unjustifiable expense and delay. Examination of Witnesses and Introduction of Evidence. The rules of evidence in State Government Article, §10-213, Annotated Code of Maryland, apply to hearings before the Board. A party may: Submit evidence; Examine and cross-examine witnesses; and File objections, exceptions, and motions. 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. Briefs. A party may submit a brief on the issues of fact and law involved in the hearing. The presiding officer may designate: The form of the brief; The number of copies to be submitted; and The date and time of submission. The Board may refuse to consider a brief that is not timely filed or fails to conform to requirements imposed by the presiding officer. If a party who is the respondent in the proceedings fails to appear at a hearing after due notice, the Board may: Reschedule the hearing; or In the Board’s discretion, proceed upon the investigation, report, documents, witnesses, and records before it. Any testimony taken by the Board shall be taken under oath. Decision and Order. A decision and order rendered by the Board shall: Be in writing; and Include the findings of fact and conclusions of law. 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. Judicial Review. 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. Rehearings. 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: Stay the enforcement of the order; or Excuse the persons affected by the order for failure to comply with the terms of the order. 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. If a case has been delegated to a hearing committee of the Board or to the Office of Administrative Hearings pursuant to State Government Article, §10-205, Annotated Code of Maryland, the hearing committee or administrative law judge shall prepare a recommended decision for consideration by a quorum of the Board. A quorum of the Board may include members of the hearing committee. The hearing committee shall issue a recommended decision within 90 days of the conclusion of the hearing. This 90-day time frame may be extended by a majority vote of a quorum of the Board. The Board shall notify the parties of the parties’ right to: File written exceptions to the recommended decision issued by the administrative law judge or the hearing committee; and Present oral argument to the Board. A party may file written exceptions to the recommended decision issued by the administrative law judge or the hearing committee within 30 days of receipt of the recommended decision. The party opposing the exceptions has 15 days to file a written response. The Board may refuse to consider exceptions or responses filed in violation of §§E and F of this regulation. Oral Arguments. 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: Accepted findings of fact; Conclusions of law; and Disposition. The Board may refuse to hear oral argument if exceptions are not timely filed. The presiding officer shall: Determine all procedural issues that are governed by this regulation; Make any rulings reasonably necessary to facilitate the effectiveness and efficiency of oral argument; and Impose reasonable time limitations on oral argument and, ordinarily, limit the parties to 30 minutes each. The party filing the exceptions shall proceed first. If the parties do not file timely exceptions and no oral argument is scheduled, a quorum of the Board shall consider the recommended decision issued by the administrative law judge or hearing committee. The Board shall prepare an order based on the Board’s review of the: 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. Consistent with the provisions of State Government Article, §10-205, Annotated Code of Maryland, the Board may revoke authority delegated to the Office of Administrative Hearings by written notice. Criteria for Revocation of Authority in a Specific Case. The Board may revoke all or part of the Office of Administrative Hearings’ authority in a specific case if the case: 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. Procedures for Revocation of the Office of Administrative Hearings’ Authority in a Specific Case. The Board shall provide written notice of a revocation of the Office of Administrative Hearings’ authority: To: All parties; and The Office of Administrative Hearings; and That includes: A brief statement of the reasons for the revocation; Whether all or part of the Office of Administrative Hearings’ delegated authority has been revoked; and If only part of the delegation has been revoked, the portions of the contested case for which the delegation has been revoked. The Board may revoke the Office of Administrative Hearings’ authority to decide a case at any time before the earlier of: Issuance of a ruling by the administrative law judge on a substantive issue; or Taking of oral testimony from the first witness. 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. The Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare. Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue: A notice of an intent to summarily suspend a license; or An order of summary suspension. If the Board votes to issue a notice of intent to summarily suspend or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution. Service of the notice of intent to summarily suspend a license shall be made by: 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. Notice of Intent to Summarily Suspend. A notice of intent to summarily suspend a license shall include, but is not limited to: A proposed order of summary suspension which is unexecuted by the Board and which includes: The statutory authority on which the action has been taken; Allegations of fact which the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and Notice to the respondent of the right to request an evidentiary hearing 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 why the Board should not execute the order of summary suspension; and Which notifies the respondent of the consequences of failing to appear. Predeprivation Hearing. 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 why the respondent’s license should not be summarily suspended. The show cause hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension. The presiding officer: Shall determine all procedural issues; May impose reasonable time limits on each party’s oral argument; and Shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the show cause hearing. Order of Summary Suspension. 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. The respondent shall be provided with a show cause hearing within a reasonable time after the effective date of the order of summary suspension. The show cause hearing pursuant to §F(2)(a) of this regulation shall: Be conducted before the Board as provided in §E(2) of this regulation; and Provide the respondent with an opportunity to show cause why the Board should lift the summary suspension. 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: May be consolidated with a hearing on charges issued by the Board which include the facts which form the basis for the summary suspension; and Shall be conducted pursuant to the Administrative Procedure Act. Disposition. If the Board issues a notice of intent to summarily suspend a license, the Board may, after the show cause hearing, vote to: Order a summary suspension; Deny the summary suspension; Enter into a consent order; or Enter into any interim order warranted by the circumstances of the case, including one providing for the stay of the summary suspension subject to certain conditions. 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: Affirm its order of summary suspension; Rescind the order of summary suspension; Enter into a consent order; or Enter into any interim order warranted by the circumstances of the case, including one providing for a stay of the summary suspension subject to certain conditions. An order for summary suspension or any other order of the Board issued after the initiation of summary suspension proceedings is a: Final order of the Board; and Public record. The Board may accept the surrender of a license. The Board may require conditions for surrender of a license, including but not limited to: 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. A letter of surrender is a: Final order of the Board; and Public record. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board deems appropriate, including: 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. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee. A licensee seeking release from probation shall do so only by petitioning the Board to terminate the probation when the: Specific period of time has passed; or Licensee has successfully completed the conditions or acts required for release. At any time, if the Board has reason to believe that the licensee is not in compliance with the conditions of probation, the Board shall: 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. If the Board determines that the respondent has violated probation, the Board shall: 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. A licensee shall petition the Board for a lifting of the suspension of a license or a reinstatement following revocation or surrender of a license. The Board may reinstate a license only in accordance with: 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. When a time period is not specified in the Board’s final order, a petition for reinstatement may not be considered by the Board before the expiration of 1 year after the date of the order. The form of a reinstated license shall: Be similar in every respect to an original license; and Bear the new date of issue. A licensee whose license has been revoked or surrendered for 3 years or more before filing a petition for reinstatement is not eligible for reinstatement but instead shall apply for initial licensure. If the Board grants reinstatement of a license, the Board may impose any restrictions or conditions on the license that the Board deems appropriate. Health Occupations Article, §§13-206 and 13-317;State Government Article, §§10-205 and 10-206; Annotated Code of Maryland Effective date: November 8, 1982 (9:22 Md. R. 2197) Regulation .02A amended effective November 7, 1994 (21:22 Md. R. 1878) Regulation .02C amended effective July 12, 1999 (26:14 Md. R. 1083) Regulation .04 amended effective January 24, 2000 (27:1 Md. R. 77) Regulation .05 amended as an emergency provision effective January 1, 2001 (28:3 Md. R. 203); amended permanently effective April 16, 2001 (28:7 Md. R. 690) Regulation .05B, C amended effective November 7, 1994 (21:22 Md. R. 1878) Regulation .05-1 adopted effective March 18, 2002 (29:5 Md. R. 504) Regulations .01 — .08 repealed and new Regulations .01<MD.16 adopted effective November 15, 2010 (37:23 Md. R. 1609)