Chapter 09. Civil Penalties
Regulation .01 Scope.LinkCopy Citation
This chapter establishes the standards by which the Board may impose an administrative monetary penalty not exceeding $5,000 on an individual licensed under Health Occupations Article, Title 2, Annotated Code of Maryland, for an act or omission prohibited under Health Occupations Article, §2-314, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Board” means Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists.
(2)
“Licensee” means an individual licensed by the Board to practice audiology, hearing aid dispensing, speech-language pathology, music therapy, or assists in the practice of speech-language pathology or audiology.
(3)
“Violation” means an act or omission prohibited under Health Occupations Article, §2-314, Annotated Code of Maryland.
Regulation .03 Authority to Impose Administrative Monetary Penalty.LinkCopy Citation
A.
After a hearing under Health Occupations Article, §2-315, Annotated Code of Maryland, and COMAR 10.41.04, the Board may impose an administrative monetary penalty under this chapter on a licensee who is found to have committed a violation.
B.
The Board may impose a penalty under §A of this regulation:
(1)
For each determination by the Board that there are grounds to suspend or revoke the license of a licensee or to reprimand a licensee or place a licensee on probation; and
(2)
In addition to any suspension or revocation, or reprimanding the licensee or placing the licensee on probation.
Regulation .04 Factors To Be Considered in Assessment of Penalties.LinkCopy Citation
In determining whether to impose a penalty and the amount of the penalty, the Board shall consider the following factors:
A.
The cost of investigating and prosecuting the case against the individual;
B.
The extent of actual or potential public harm caused by the violation;
C.
The extent to which the individual derived any financial benefit from the violation;
D.
The history of any previous violation;
E.
The willfulness of the improper conduct; and
F.
Any mitigating factors as presented by the licensee.
Regulation .05 Payment of Penalties.LinkCopy Citation
A.
An individual shall pay to the Board within a time set by the Board any administrative monetary penalty imposed under this chapter.
B.
The Board shall pay into the General Fund of the State all monies collected under this chapter.
C.
If an individual fails to pay, in whole or in part, any penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew the license of the individual until the penalty has been paid in full.
D.
The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment.
Chapter annotations
Authority: Health Occupations Article, §§2-205, 2-314.9, and 2-315, Annotated Code of Maryland
History: Effective date: April 7, 1997 (24:7 Md. R. 553)
History: Regulation .01 amended effective October 20, 2008 (35:21 Md. R. 1824)
History: Regulation .02 amended effective August 5, 2024 (51:15 Md. R. 708)
History: Regulation .03 amended effective September 26, 2016 (43:19 Md. R. 1072)