<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 10.42.04.02" title_num="10" subtitle_num="42" chapter_num="04" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Administrative law judge” means the hearing officer assigned to preside over a hearing in a case the Board has delegated to the Office of Administrative Hearings.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges brought by the Board.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>“Administrative prosecutor” means the attorney assigned by the Office of the Attorney General to prosecute disciplinary charges for the Board.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>“Board” means the State Board of Social Work Examiners.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Case resolution conference” means an informal, 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.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>“Case resolution conference committee” means a committee composed of one or more members of the Board that makes recommendations to the Board regarding settlement of disciplinary matters.</text>
    </paragraph>
    <paragraph num="(7)">
      <text>“Cease and desist letter” means an informal action consisting of a nonpublic letter issued by the Board ordering:</text>
      <paragraph num="(a)">
        <text>A licensee to cease a specified activity; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An unlicensed individual to cease the unauthorized practice of social work.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Charging document” means a nonpublic record issued by the Board which:</text>
      <paragraph num="(a)">
        <text>Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Social Workers Act;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sets forth provisions of the Maryland Social Workers Act that the Board believes were violated; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provides notice to the licensee of disciplinary proceedings before the Board.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>“Complaint” means a written allegation received by the Board that a licensee may have violated the Maryland Social Workers Act and which may be grounds for an investigation or disciplinary action by the Board.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“Consent order” means a public record issued by the Board that is a final order of the Board that has been negotiated and agreed to by both the licensee and the Board to resolve a disciplinary matter.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“Contested case” means a proceeding conducted under the Administrative Procedure Act.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>“Disposition agreement” means a formal nonpublic agreement entered into with an impaired licensee instead of formal disciplinary action, in which the licensee agrees to comply with certain conditions.</text>
    </paragraph>
    <paragraph num="(13)">
      <text>“Final order” means a public record issued by the Board resolving a contested case either by consent or after an adjudication, which includes findings of fact, conclusions of law, and a disposition which:</text>
      <paragraph num="(a)">
        <text>Denies a license;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Sanctions by reprimand, probation, fine, or suspension or revocation of a license;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Summarily suspends a license;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Dismisses charges;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Surrenders a license; or</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Takes any other action that the Board may do by law.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>“Imperatively requires emergency action” means a finding by the Board that an emergency action be taken against a licensee under State Government Article, §10-226(c)(2), Annotated Code of Maryland, based on investigative facts that raise a substantial likelihood of risk of harm to the public health, safety, or welfare before a full evidentiary hearing can be held.</text>
    </paragraph>
    <paragraph num="(15)">
      <text>“Informal action” means that the Board closes a case without taking formal disciplinary action or without issuing a final order, by imposing a disciplinary sanction consisting of a:</text>
      <paragraph num="(a)">
        <text>Letter of education;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Letter of admonishment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Cease and desist letter; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Consent agreement.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(16)">
      <text>“Investigation” means the gathering of information to assist the Board in determining if there is reasonable cause to charge a licensee with a violation of the Maryland Social Workers Act.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Letter of Admonishment.</text>
      <paragraph num="(a)">
        <text>“Letter of admonishment” means informal action consisting of a nonpublic letter issued by the Board closing a case, if the Board believes a licensee has engaged in conduct that violates the Maryland Social Workers Act, admonishing the licensee not to repeat the conduct.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Letter of admonishment” may include an agreement that the licensee perform certain conditions instead of the Board taking formal disciplinary action.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“Letter of education” means informal action consisting of a nonpublic letter to a licensee:</text>
      <paragraph num="(a)">
        <text>Issued by the Board if the Board does not believe that conduct rose to the level of a violation of the Maryland Social Workers Act; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>In which the Board educates the licensee concerning the laws and standards of the practice of social work.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(19)">
      <text>Letter of Surrender.</text>
      <paragraph num="(a)">
        <text>“Letter of surrender” means a public letter accepted by the Board in which the licensee agrees to surrender the license to practice social work.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Letter of surrender” may include conditions for the Board's acceptance of the surrender as a resolution of the case.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Licensure” means permission to engage in the practice of social work which is evidenced by a license issued by the Board.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Maryland Social Workers Act” means Health Occupations Article, Title19, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(22)">
      <text>“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, a change in licensure status, or some other benefit sought by the licensee.</text>
    </paragraph>
    <paragraph num="(23)">
      <text>“Postdeprivation hearing” means a contested case hearing scheduled by the Board after the Board has issued an order for summary suspension under 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 for summary suspension.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Predeprivation hearing” means a nonevidentiary, show cause hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why it should not:</text>
      <paragraph num="(a)">
        <text>Issue an order for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Take some other action that the Board may by law take.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(25)">
      <text>“Preliminary investigation” means the gathering of information to be used by the Board to determine if the Board should dismiss a complaint or conduct further investigation to determine if there is reasonable cause to charge a licensee with a violation of the Maryland Social Workers Act.</text>
    </paragraph>
    <paragraph num="(26)">
      <text>“Probation” means a sanction imposed by the Board in a public final order in which the licensee is:</text>
      <paragraph num="(a)">
        <text>Monitored by the Board for a period of time; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Required to comply with certain conditions to avoid further disciplinary action.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(27)">
      <text>“Prohibited act” means conduct specified in the Maryland Social Workers Act which may result in sanctions or penalties.</text>
    </paragraph>
    <paragraph num="(28)">
      <text>“Public record” means a document that the Board is permitted or required to disclose to the public under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(29)">
      <text>“Recommended decision” means a nonpublic record issued to the Board by an administrative law judge that sets out proposed findings of fact, proposed conclusions of law, a proposed sanction, or any combination of them.</text>
    </paragraph>
    <paragraph num="(30)">
      <text>“Recusal” means the disqualification of a member of the Board to participate in a proceeding because of interest, bias, or some other reason that may interfere with the Board member's participation in a case.</text>
    </paragraph>
    <paragraph num="(31)">
      <text>“Respondent” means a licensee, subject to the jurisdiction of the Board, that has been:</text>
      <paragraph num="(a)">
        <text>Given notice to answer allegations concerning violations of the Maryland Social Workers Act;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notified as to a potential emergency suspension under State Government Article, §10-226(c), Annotated Code of Maryland; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Notified as to potential violation of Health Occupations Article, §19-401, Annotated Code of Maryland.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(32)">
      <text>“Revocation” means the removal of a social worker's license to practice social work.</text>
    </paragraph>
    <paragraph num="(33)">
      <text>“Sanction” means an action by the Board, including a:</text>
      <paragraph num="(a)">
        <text>Reprimand;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Placement on probation;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Fine; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Suspension or revocation of a license.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(34)">
      <text>“Show cause hearing” means a nonevidentiary hearing before the Board in which the licensee has the opportunity to demonstrate to the Board why the Board should not issue a proposed order or take an action that the Board may take.</text>
    </paragraph>
    <paragraph num="(35)">
      <text>“Stay” means the withholding of an action ordered by the Board which may be subject to certain conditions.</text>
    </paragraph>
    <paragraph num="(36)">
      <text>“Summary suspension” means the indefinite suspension of a license under State Government Article, §10-226(c)(2), Annotated Code of Maryland, taken if the Board believes the action is necessary to protect the public health, safety, or welfare.</text>
    </paragraph>
    <paragraph num="(37)">
      <text>“Surrender” means the voluntary relinquishing of a license to practice social work that may be subject to certain conditions set by the Board.</text>
    </paragraph>
    <paragraph num="(38)">
      <text>“Suspension” means a temporary denial of the right to use a license and is usually defined by:</text>
      <paragraph num="(a)">
        <text>A specific period of time;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Specific dates; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Specific conditions.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(39)">
      <text>“Violation” means an act or omission prohibited under Health Occupations Article, §19-311, Annotated Code of Maryland.</text>
    </paragraph>
  </paragraph>
</regulation>