This chapter governs procedures for disciplinary matters and hearings before the State Board of Dental 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 the Board has delegated to the Office of Administrative Hearings. “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. “Administrative prosecutor” means the attorney assigned by the Office of the Attorney General to prosecute disciplinary charges for the Board. “Advisory letter” means an informal action consisting of a nonpublic letter issued by the Board where the Board has a basis to charge the licensee with disciplinary violations but closes the case by advising the licensee of the basis to charge and admonishes the licensee not to repeat the conduct. “Board” means the State Board of Dental Examiners. “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. “Case resolution conference committee” means a committee composed of members of the Board that makes recommendations to the Board regarding settlement of disciplinary matters. “Cease and desist letter” means an informal action consisting of a nonpublic letter issued by the Board ordering: A licensee to cease doing a specified activity; or An unlicensed individual to cease the unauthorized practice of dentistry or dental hygiene. “Charging document” means a nonpublic document issued by the Board which: Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Dentistry Act; Sets forth provisions of the Maryland Dentistry Act that the Board believes were violated; and Provides notice to the licensee of disciplinary proceedings before the Board. “Complaint” means information received by the Board which sets out conduct by a licensee which may: Violate the Maryland Dentistry Act; and Be grounds for an investigation or disciplinary action by the Board. “Consent agreement” means informal action taken by the Board consisting of a nonpublic document which has been negotiated and agreed to by both the licensee and the Board to resolve an administrative, nondisciplinary matter. “Consent order” means a public document issued by the Board which 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. “Contested case” means a proceeding conducted pursuant to the Administrative Procedure Act. “Disciplinary review committee” means a committee composed of members of the Board that makes recommendations to the Board regarding any disciplinary matter. “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. “Final order” means a public document 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: Denies a license; Sanctions by reprimand, probation, civil penalty, or suspension or revocation of a license; Summarily suspends a license; Dismisses charges; Provides for surrender of a license; or Takes any other action that the Board may take. “Imperatively requires emergency action” means a finding by the Board that 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. “Informal action” means that the Board closes a case without taking any formal disciplinary action and without issuing a final order. “Investigation” means the gathering of information after the Board receives a complaint against a licensee, which is necessary for the Board to determine if there is reasonable cause to charge a licensee with a violation of the Maryland Dentistry Act. “Letter of education” means informal action consisting of a nonpublic letter to a licensee: Issued by the Board if the Board does not believe that the licensee's conduct rose to the level of a violation of the Maryland Dental Act; and In which the Board educates the licensee concerning the laws and standards of the practice of dentistry or dental hygiene. Letter of Surrender. “Letter of surrender” means a public letter accepted by the Board in which the licensee agrees to surrender the licensee's license to practice dentistry or dental hygiene. “Letter of Surrender” may include conditions for the Board's acceptance of the surrender. “Licensure” means the permission granted to an individual by the Board pursuant to the Board's authority under the Maryland Dentistry Act to practice dentistry or dental hygiene in this State which is evidenced by a license issued by the Board. “Maryland Dentistry Act” means Health Occupations Article, Title 4, Annotated Code of Maryland. “Notice of initial denial” means a nonpublic document 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 Another benefit sought by the licensee; Of the statutory grounds or other reasons for the denial; and Of any proceedings scheduled before the Board. “Peer review” means an evaluation by appropriate members of a professional association or one of its components of a: Licensee's clinical care; or Dispute between a dentist and a consumer of dental services. “Postdeprivation evidentiary hearing” means a contested case hearing held before 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. “Postdeprivation show cause hearing” means a nonevidentiary hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why the order for summary suspension issued under State Government Article, §10-226(c)(2), Annotated Code of Maryland, should not remain in effect. “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: Issue an order for summary suspension under State Government Article, §10-226 (c)(2), Annotated Code of Maryland; or Take another action that the Board may take. “Preliminary investigation” means the gathering of information necessary for 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 Dentistry Act. “Probation” means a sanction imposed by the Board in a final order, in which the licensee is: Monitored by the Board for a period of time; and Subject to certain requirements to avoid further disciplinary action. “Public document” 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. “Recommended decision” means a nonpublic document issued by an administrative law judge that sets out proposed findings of fact, proposed conclusions of law, a proposed sanction, or any combination of them, under a delegation by the Board. “Recusal” means the disqualification of a member of the Board from participation in a proceeding because of interest, bias, or other reason. “Respondent” means a licensee, subject to the jurisdiction of the Board, that has been: Charged with violations of Health Occupations Article, §4-315, Annotated Code of Maryland; Notified that the Board intends to initially deny a license, change a licensee's status, or deny another benefit sought by the licensee; Notified of a potential emergency suspension of licensure; or Notified of the opportunity to appear before the Board to respond to allegations by the Board in a contested case. “Reprimand” means a sanction imposed by the Board in a final order in which the Board publicly admonishes the licensee for violating the Maryland Dentistry Act. “Revocation” means a sanction imposed by the Board in a final order in which the licensee's permission to practice dentistry or dental hygiene in Maryland is terminated. “Sanction” means an action taken against a licensee by the Board in a final order, which includes one or a combination of the following: A reprimand; Probation; Suspension or revocation of the license; or A civil penalty. “Show cause hearing” means a nonevidentiary hearing before the Board in which the licensee may demonstrate to the Board why the Board should not: Issue a proposed order; Continue an order currently in effect; or Take an action that the Board may take. “Stay” means the withholding of an action ordered by the Board which may be subject to certain conditions. “Summary suspension” means the indefinite suspension of a license under State Government Article, §10-226(c)(2), Annotated Code of Maryland, issued if the Board believes that the action is necessary to protect the public health, safety, or welfare. “Surrender” means the voluntary relinquishment of a license to practice dentistry or dental hygiene that may be subject to certain conditions set by the Board. “Suspension” means a sanction imposed by the Board in a final order in which the licensee's ability to practice dentistry or dental hygiene is temporarily denied for a specific period of time or until certain conditions are met. “Triage Committee” means a committee composed of members of the Board to which newly filed complaints are referred for initial recommendation before review by the Discipline Review Committee. Except as otherwise provided by law, the proceedings of the Board are confidential and that confidentiality may not be waived by the parties. Office of Administrative Hearings proceedings involving the adjudication of a contested case and the administrative law judge's recommended decision are confidential. The respondent may not waive the confidentiality of the proceedings or of the patients whose medical or dental records or care are reflected in the record of the proceedings. To the extent possible, even after a final order is issued by the Board, the parties shall refrain from revealing legal documents, oral statements, or information that would reveal the identity of any patients referred to in the Board's order. Every party who appears at a formal hearing has the right to appear in proper person or by or with counsel. If the matter goes to a hearing, the respondent shall be represented only by an attorney who has been admitted to the Maryland Bar or specially admitted to practice law under Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14. The administrative prosecutor assigned to a disciplinary matter by the Office of the Attorney General shall prosecute the disciplinary matter in Board proceedings. In all proceedings, the Board shall be represented by and obtain advice from counsel assigned to it by the Office of the Attorney General. The Board may commence proceedings or open an investigation under Health Occupations Article, §4-315, Annotated Code of Maryland, after the filing of a complaint: Received from an individual who is not a member of the Board; or Completed by the Board on its own initiative and signed by a member of the Board. If a person who is not a member of the Board files a complaint, the complaint shall: Be completed on a Board-approved form; Be in writing; Allege facts such that the Board may determine whether the facts may constitute violations of the Maryland Dentistry Act or the regulations adopted by the Board; Contain a Release of Medical Records and a Release of Additional Information; Contain an affidavit indicating that the matters set forth in the complaint are true to the best of the knowledge, information, and belief of the complainant; and Be signed by the complainant. The Board may accept a complaint for filing that substantially fulfills the requirements of this regulation. Absent extenuating circumstances, the Board shall send a letter to the complainant or the complainant’s representative acknowledging receipt of the complaint within 45 days of its filing. The letter referred to in §D of this regulation shall: Contain a brief explanation of the Board’s complaint process; and Advise the complainant that the complaint may ultimately: Be dismissed; Be referred to a Peer Review Committee; Result in an informal action; or Result in a final order. The Board may not bring disciplinary charges against a respondent based solely on events contained in a complaint the Board receives more than 6 years after: The day the complainant actually discovered the facts that form the basis of the complaint; or The day when a reasonable person exercising due diligence should have discovered the facts that form the basis of the complaint. The provisions of §F of this regulation may not apply to a complaint based on: Criminal convictions or sexual misconduct or other similar boundary violations; Reciprocal disciplinary matters; Ongoing substance abuse; Fraudulent concealment of material information; or Acts that occur while a patient is a minor. The Board shall log in and assign a case number to complaints that meet the requirements of this chapter. Complaints that do not meet the requirements of this chapter shall be returned to the complainant with a brief explanation of why the complaint was returned. Complaints shall be referred to the Board’s Triage Committee. To the extent practicable, filed complaints shall be presented to the Board’s Triage Committee within 60 days of their receipt. To the extent practicable, the Board’s staff shall remove the respondent’s name and address from complaint before the documents are reviewed by the Triage Committee. The name and address of the respondent shall appear on documents that are referred from the: Triage Committee to the Discipline Review Committee; or Discipline Review Committee to the Board. After review of the complaint, the Triage Committee shall make recommendations to the Board’s Discipline Review Committee (DRC). The Triage Committee may make the following recommendations to the DRC: Dismiss the complaint; Close the case with informal action; Issue an advisory letter or letter of education; Issue a cease and desist order; Mail or deliver to the respondent a request for: A response to the complaint and a request for patient records; A response to the complaint only; or Patient records only; Refer the case to peer review for mediation; Refer the matter to the: Dental Well-Being Committee; or Dental Hygiene Well-Being Committee; Refer the matter to another governmental agency or other regulatory agency; Refer the matter for further investigation; Refer the matter to an administrative prosecutor; Request any other information or documentation from any person that the committee deems relevant to the disposition of the complaint; or Any other recommendation that the Triage Committee may make to the Board. Participation in the Triage Committee is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in a case. The DRC shall: Consider and vote on the recommendations of the Triage Committee; Review documents received by the Board during the course of the Board’s investigations; and Make recommendations to the Board for the disposition of the complaint for the Board’s vote. When considering the recommendations of the Triage Committee, the DRC may vote to: Accept all of the recommendations of the Triage Committee; Accept some of the recommendations of the Triage Committee; Accept none of the recommendations of the Triage Committee; or Make any other recommendations. After receiving recommendations from the Triage Committee, the DRC, without Board approval, may vote to: Mail or deliver to the respondent a request for: A response to the complaint and a request for patient records; A response to the complaint only; or Patient records only; Mail or deliver to any person a request for information; or Refer the matter for further investigation. Complaints may be referred directly to the DRC without prior review by the Triage Committee. The DRC may make the following recommendations to the Board: Dismiss the complaint; Place the case on administrative hold; Close the case; Issue an advisory letter or letter of education; Issue a cease and desist order; Refer the case to peer review for mediation; Mail or deliver to the respondent a request for: A response to the complaint and a request for patient records; A response to the complaint only; or Patient records only; Mail or deliver to any person a request for information; Refer the matter to the: Dental Well-Being Committee; or Dental Hygiene Well-Being Committee; Refer the matter for further investigation; Refer the matter to an administrative prosecutor; Request other information or documentation from any person that the committee deems relevant to the disposition of the complaint; or Any other recommendation that the DRC may make to the Board. For each complaint, after reviewing any completed investigative information or reports and considering the recommendation of the Triage Committee or Discipline Review Committee, if applicable, the Board shall: Dismiss the complaint; Place the case on administrative hold; Close the case; Refer the case to peer review for mediation; Refer the matter to the: Dental Well-Being Committee; Dental Hygiene Well-Being Committee; 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 Health Occupations Article, §4-315, Annotated Code of Maryland, or the regulations adopted by the Board; Consider the matter as a basis for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland; Initially deny: Licensure or reinstatement of a license; or Certification or reinstatement of a certificate; Accept the surrender of a license subject to conditions acceptable to the Board; or Take any other action the Board is authorized to take. The Board may refer a complaint or other disciplinary matter to the administrative prosecutor at any time, regardless of whether it has voted to charge a licensee with violations of the Maryland Dentistry Act or the regulations adopted by the Board. If the Board investigates a complaint, the Board shall mail a copy of the complaint to the respondent unless: The complaint alleges facts which may constitute fraud or dishonesty; or Disclosing the complaint may prejudice the investigation. Absent exigent circumstances, the Board shall grant a person at least 10 calendar days to: Provide the Board with requested documents; or File a written response to a request for information. Board investigations are warranted when there is evidence that the respondent or other person may have violated the Maryland Dentistry Act or the regulations adopted by the Board. A matter that may serve as a basis for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland, may be referred directly to: The DRC; The Board; or The Administrative Prosecutor. The Board's DRC shall: Review complaints; and Make a recommendation to the Board as to the disposition of the complaint. Participation in the Disciplinary Review Committee is not a basis for recusal of a Board member, Board counsel, or the administrative prosecutor from further proceedings in a complaint. If the Board votes to refer a matter to an investigator, to the extent practicable, the complaint shall be assigned to an investigator within 3 business days of the Board’s vote. An investigator shall provide periodic reports to the complainant or the complainant’s representative within the bounds of the Maryland Public Information Act or other applicable laws. To the extent practicable, an investigator shall strive to complete an initial investigative report within 180 days after a complaint is assigned. Factors that affect the length of time to complete an initial investigative report include but are not limited to: The number of alleged violations included in the complaint; The severity of the allegations in the complaint; The number of additional violations that arise as a result of the investigation of the complaint; The complexity of the legal issues encountered during the investigation; The cooperation or lack thereof of the respondent, counsel, and witnesses; The availability of the investigator; Other investigative priorities; The necessity and availability of additional required documents or findings from other agencies or authorities including but not limited to: Other governmental agencies or other regulatory agencies; Hospitals; The courts; and Law enforcement agencies. An initial investigative report shall be presented to the Board within 90 days of its completion. The failure to meet the goal of completing an initial investigative report within 180 days or the presentation to the Board of an initial investigative report within 90 days of its completion may not: Be raised as a defense by a respondent; and Be admissible by the respondent in any civil or administrative proceeding. An initial investigative report may also be a final investigative report. The Board shall advise the complainant or the complainant’s representative of the final disposition of a complaint within the bounds of the Maryland Public Information Act or other applicable laws. To the extent practicable, the Board shall mail copies of final orders to the respondent or to the respondent’s counsel within 15 days. If a complaint results in a final order against a respondent that is a public document under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland, the Board shall mail a copy of the final order to the complainant or the complainant’s representative within 15 days. At the conclusion of a case the Board shall make reasonable efforts to return original medical records in its possession to the appropriate health care provider within 45 days. If the Board issues charges or a notice of initial denial, the Executive Director or an officer of the Board shall hand deliver or send the charges or notice of initial denial to the respondent's last known business and home addresses by certified mail. Charges or a notice of initial denial shall: Inform the respondent of the statutory basis for the charges or denial of licensure; Allege sufficient facts which the Board believes constitute either a basis for: Violation of the Maryland Dentistry Act; or Denial of licensure; Notify the respondent of: Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and The consequences of failing to appear for those proceedings or of failing to request a hearing; and Be accompanied by a letter of procedure notifying respondent of the applicability of the Administrative Procedure Act to the Board's proceedings. If the Board is unable to serve the charges or notice of initial denial upon the respondent as described in §A of this regulation, the Board nevertheless may proceed in prosecuting the case. If the Board issues a notice of initial denial to an applicant for a license, the applicant may not withdraw the application without approval of the Board. 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 request another party to produce, within 15 calendar days, the following: A list of the witnesses to be called; Copies of all 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 that will testify at the hearing; and A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis 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 testimony of the expert, and any report of the expert, shall be excluded from the hearing. 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 those listed in §§A and B of this regulation. Both parties have a continuing duty to supplement their disclosures of witnesses and documents. Absent unforeseen circumstances which would impose an extraordinary hardship on a party, witnesses or documents may not be added to the list after: The prehearing conference, if scheduled; or If no prehearing conference is scheduled, 15 days before the hearing. The prohibition against adding witnesses or documents 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 be construed, whenever possible, as supplementing and in harmony with COMAR 28.02.01. In a conflict between this regulation and COMAR 28.02.01, this regulation applies. After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference. At any other time during disciplinary proceedings, the Board may offer or the respondent may request a case resolution conference to discuss a disciplinary matter. The Board may grant or deny the respondent's request. 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 discovered or available through another source. The recommendations of the case resolution conference committee are not binding on the Board, which may: Accept a proposed settlement; Modify a proposed settlement; or Reject the proposed settlement and require the respondent to proceed to a hearing. If the respondent and the administrative prosecutor are unable to reach an agreement for settlement, the case resolution conference committee may offer a proposed settlement agreement to the parties. If either the respondent or administrative prosecutor disagrees with the recommendation of the case resolution conference committee, either party may elect to proceed to a hearing in the matter regardless of whether the Board has ratified the recommendation of the case resolution conference committee. Participation in a case resolution conference is not ordinarily a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings in a case. Prehearing Conference. The Board may set a prehearing conference upon motion of either party, or on the Board's own motion. The prehearing conference may be used to: Attempt to settle the case; or Prepare for hearing by: Delineating the issues; Stipulating to the facts, laws, and other matters; Arranging a schedule; and Arranging for the submission of names of witnesses to be called and the subject matter of testimony to be presented in the hearing; and Accomplish any other purpose the Board considers necessary. A motion shall be accompanied by a memorandum of points and authorities and shall be filed with the Board at least 15 days before the hearing. A copy shall be served on the opposing party. A response shall be filed with the Board at least 7 days before the hearing and a copy served on the opposing party. The Board may consider a motion on the day of the hearing. Hearings shall be conducted under the contested case provision of State Government Article, Title 10, Subtitle 2 and Health Occupations Article, Title 4, Annotated Code of Maryland. The Board may delegate its authority to hear contested cases to the Office of Administrative Hearings. Proceedings are closed to the public and all records, including the recommended decision, are confidential and shall be sealed except as otherwise provided in a final Board order or as provided by law. If a matter has been delegated to the Office of Administrative Hearings, the administrative law judge presiding over the proceedings shall issue to the Board a recommended decision containing proposed findings of fact, proposed conclusions of law, a proposed sanction, or any combination of them under the Board's delegation. A licensee against whom the Board has issued a notice of initial denial has the burden to demonstrate by a preponderance of the evidence that the licensee is entitled to licensure or to receive the benefit sought which the Board has denied. The State has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Dentistry Act or of the rules and regulations promulgated under the Act. If a matter has been delegated by the Board to the Office of Administrative Hearings, each party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision. Unless otherwise permitted by the Board, or as otherwise specified by the administrative law judge in the recommended decision, either party shall file written exceptions with the Board within 15 days after the issuance of the recommended decision. Unless otherwise permitted by the Board, a party's written exceptions may not be longer than 25 double-spaced pages and shall state with particularity: The finding of fact, conclusion of law, or other matter excepted to; and The relevant portions of the record supporting the party's exception. Unless otherwise permitted by the Board, within 15 days after a party's exceptions are filed with the Board, the opposing party may file a response to the exceptions. Unless otherwise permitted by the Board, a party's response to the exceptions may not be longer than 25 double-spaced pages, and shall state with particularity a response to an exception and the relevant portions of the record supporting that response. Unless otherwise permitted, the Board may not consider a party's reply to a response to exceptions. Unless otherwise agreed to by the parties and permitted by the Board, an exceptions hearing shall be scheduled within 30 days after receipt of the parties' exceptions and any response to exceptions, and on a day on which the Board regularly meets. An exceptions hearing shall be held before the Board. The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and response to exceptions. The Board member presiding over the hearing shall determine all procedural issues and shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. The respondent and the administrative prosecutor ordinarily shall be limited to 30 minutes each in which to present oral argument. Unless otherwise agreed by the parties and permitted by the Board, the parties may not, in any response to exceptions, or in the hearing on exceptions, reference any document or other evidence or offer any exhibit that is outside the record of the evidentiary hearing before the administrative law judge. If neither party files exceptions within the time specified in Regulation .14 of this chapter, the Board shall consider only the recommended decision of the administrative law judge and the record of the evidentiary hearing in making its final decision. The Board shall consider the sanctioning guidelines contained in COMAR 10.44.31 before issuing a final order and before taking informal disciplinary action. After review of the record and deliberation, the Board shall issue a final order of either: Dismissal; Revocation; Suspension; Denial of licensure; Reprimand; Probation; Civil penalty; or Other disposition as appropriate. Within 15 days after the Board issues a final order, either party may file a motion for reconsideration with the Board, which the Board may grant. There is no right to a hearing on a party's motion for reconsideration, and the Board may request a response to the motion from the opposing party. The Board may require conditions for surrender of a license, including, but not limited to: The admission of a violation of the Maryland Dentistry Act; The admission of facts; A statement of the circumstances under which the surrender was offered or accepted; Restrictions on future licensure; Conditions for reinstatement of the license; or An agreement that the respondent may not apply for reinstatement of the license. A letter of surrender is a final order of the Board and is a public document under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. Under State Government Article, §10-226(c)(2), Annotated Code of Maryland, 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. Notice of Intent to Summarily Suspend. Based on information gathered in an investigation or otherwise provided to the Board, the Board shall 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, the Board shall refer the matter to the administrative prosecutor for prosecution. 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 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 why the Board should not execute the order of summary suspension and 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: At least 5 calendar days before a predeprivation show cause hearing is scheduled before the Board; and By hand delivery by the Executive Director or an officer of the Board to the address the respondent is required to maintain with the Board, or by any other reasonable means to effect service. 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) of this regulation, the Board may nevertheless proceed in prosecuting the case. 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 suspended before the Board executes the order of summary suspension. A Predeprivation Show Cause Hearing before the Board. The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension. The Board member presiding over the hearing shall determine all procedural issues and shall make any rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. The respondent and the administrative prosecutor ordinarily shall be limited to 30 minutes each in which to present oral argument. The respondent shall proceed first and may reserve part of the allotted time for rebuttal. The Board member who presides over the hearing: 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 in order for a fair hearing; and May not allow testimony by any witness unless agreed to by the parties and approved by the Board. The members of the Board may be recognized by the presiding member to ask questions of either party appearing before the Board. In 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 license or providing a respondent with an opportunity for a predeprivation hearing if: The Board determines that the public health, safety, and welfare require the immediate suspension of the license without prior notice and an opportunity to be heard; and The respondent is provided with an opportunity for a hearing before the Board at the Board's next regularly scheduled meeting but not to exceed 30 days from the date of respondent's request. If the Board votes to issue an order of summary suspension, the Board shall refer the matter to the administrative prosecutor for prosecution. An order of summary suspension of a license shall include, but is not limited to: 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; Notice to the respondent of the right to request a postdeprivation show cause hearing to provide the respondent with the opportunity to show cause why the order of summary suspension should not continue and which notifies the respondent of the consequences of failing to appear; and Notice to the respondent of the right to request a full hearing on the merits of the summary suspension Service. The Board shall serve a respondent with the order of summary suspension by having the Executive Director or an officer of the Board hand deliver the order to the address the respondent is required to maintain with the Board within 24 hours after its execution; or By any other reasonable means to effect service. If the respondent requests a hearing under §C(3) of this regulation, the Board shall conduct the hearing as provided in Regulation .19B of this chapter. In a show cause proceeding under Regulation .19B of this chapter, 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 is not at risk. 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. If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, after the show cause hearing, it may vote to: Order a summary suspension; Deny the summary suspension; Enter into an order agreed upon by the parties; or Enter into any interim order warranted by the circumstances of the case, including one providing for stay of the summary suspension subject to certain conditions. If the Board orders a summary suspension before a show cause hearing, at the conclusion of the hearing, the Board may vote to: Affirm its order of summary suspension; Rescind the order for summary suspension; Enter into an order agreed upon by the parties; 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 are final orders of the Board and public documents under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. If the Board orders the summary suspension of a license under Regulation .19 of this chapter, the respondent shall be provided with the opportunity for an appeal. The appeal from a summary suspension shall be an evidentiary hearing under the Administrative Procedure Act. The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension. Unless otherwise agreed by the parties, the Board shall provide a hearing within 45 days after the respondent's request. 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. The Board shall conduct an evidentiary hearing under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. If the Board has delegated the matter to the Office of Administrative Hearings, the administrative law judge shall issue to the Board a recommended decision with proposed findings of fact, proposed conclusions of law, and a proposed disposition, or any combination of these under the Board's delegation of the matter to the Office of Administrative Hearings. If the hearing is one combined with charges, the administrative law judge's determination as to the merits of the summary suspension shall be based only on those parts of the record that were available to the Board at the time it voted for the summary suspension. The parties may file exceptions to the recommended decision as provided in the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. An order issued by the Board after a postdeprivation evidentiary hearing is a final order of the Board and is a public document under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which it considers appropriate, including: Re-education or completion of approved courses; Payment of a civil penalty or donation to an approved institution providing dental services for the poor, indigent, or handicapped; Provision of free dental services in a Board-approved program; Entrance into and compliance with a contract with the Dental Well-Being Committee or Dental Hygiene Well-Being Committee; Practice 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 clinical practice; Periodic review of a licensee's billing practices; Periodic audits of a licensee's billing practices; An examination by a physician or appropriate health care provider; Limitation of the licensee's practice; A passing score on an appropriate examination; or Any other condition the Board considers appropriate for the rehabilitation or re-training 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 termination of probation shall do so only by petitioning the Board for termination of probation when the specific period of time has passed or when the licensee has successfully completed the conditions or acts required for termination, as provided in the Board's order. If at any time the Board determines 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 or consent order if there is a violation of probation, including suspension of the license; Consider a summary suspension of the license; or Take any other action the Board considers appropriate and which the Board may take. If the Board issues charges for a violation of probation, the service shall be as provided in Regulation .07A of this chapter. The charging document for a violation of probation shall: Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order that the Board believes has been violated; Allege facts that the Board believes constitute either a basis for a violation of probation; and Notify the respondent of any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time and the consequences of failing to appear for those proceedings or failing to request a hearing. If the respondent requests a hearing on the charge of a violation of probation, the Board, before the hearing, shall provide the respondent with a case resolution conference to discuss settlement of the matter. The case resolution conference shall be conducted as provided in Regulation .09 of this chapter. The hearing shall be an evidentiary hearing held in the manner set forth in Regulation .12 of this chapter. The burden of proof shall be as set forth in Regulation .13 of this chapter. After a hearing, the Board shall issue a final order consisting of findings of fact, conclusions of law, and an order. The order shall be a final order of the Board. If the Board determines that a respondent has violated probation, the Board may: Take any action provided for in the consent order or final order in the event of a violation of probation; Impose additional conditions of probation; or Impose any sanction or take any other action that the Board considers appropriate and may take. Petition for Reinstatement. A licensee shall petition the Board for reinstatement after suspension, revocation, or surrender of a license. Subject to contrary provisions in a final order of revocation or a surrender, the Board may not consider a petition for reinstatement after the revocation of a license or a surrender until 3 years after the effective date of the revocation or surrender. A licensee who petitions the Board for reinstatement under terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions. A licensee whose license has been revoked or surrendered for 3 or more years before filing a petition for reinstatement is not eligible for reinstatement but instead shall apply for initial licensure. In addition to complying with any conditions for reinstatement ordered by the Board, an applicant for reinstatement shall: File an application for reinstatement with the Board; Meet the requirements for reinstatement set out in COMAR 10.44.10; and Achieve a passing score on the Board's law examination. Notice of Intent to Deny Reinstatement and Opportunity for a Hearing. If the Board issues a notice of intent to deny reinstatement, the Board shall serve the notice as provided in Regulation .07A of this chapter. A notice of intent to deny reinstatement shall: Inform the applicant of the Board's legal basis for its belief that the applicant is not qualified for reinstatement, including any applicable statutory provision; Allege any facts which the Board believes supports the Board's reasons for denying reinstatement; and Notify the respondent of any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time and the consequences of failing to appear for those proceedings or to request a hearing. If the applicant requests a hearing on the notice of intent to deny reinstatement, the Board, before the hearing, shall provide the applicant with a case resolution conference to discuss settlement of the matter. The case resolution conference shall be conducted as provided in Regulation .09 of this chapter. A hearing on the notice of denial of reinstatement shall be held before the Board or delegated to the Office of Administrative Hearings. If the Board grants reinstatement of a license, the Board may impose any restrictions or conditions on the license or the licensee's practice that the Board considers appropriate. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §4-319, and State Government Article, §10-222, Annotated Code of Maryland. The Board may impose a civil monetary penalty instead of or in addition to a disciplinary sanction authorized by Health Occupations Article, §4-315, Annotated Code of Maryland, and as provided in COMAR 10.44.08. A Board member or the Dental Compliance Officer may not participate in an investigation or a proceeding in which the impartiality of the Board member or Dental Compliance Officer might reasonably be questioned, including, but not limited to those investigations or proceedings in which the Board member or Dental Compliance Officer has or appears to have: A personal bias or prejudice concerning a party; or Personal knowledge of disputed evidentiary facts obtained outside the administrative or disciplinary process. Participation by a Board member or Dental Compliance Officer in an investigation, disciplinary review committee, case resolution conference, or other administrative proceeding involving a respondent or applicant is not a basis for recusal in a contested case unless the Board member or Dental Compliance Officer has: A personal bias or prejudice concerning a party; or Personal knowledge of disputed evidentiary facts obtained outside the administrative or disciplinary process. A Board member or the Dental Compliance Officer may make a voluntary determination to recuse oneself from further proceedings in a case. A respondent who seeks recusal of one or more Board members shall name the Board member or members the respondent seeks to have recused and state with specificity on the record the reasons why the Board member or members should be recused. The Board may deliberate on the issue of recusal of the Board member or Board members and shall state its finding on the record. In any matter governed by this chapter, the Board may take official notice of any information contained in the Board's files. Health Occupations Article, §§1-603, 4-205, 4-316, and 4-318, Annotated Code of Maryland Effective date: Regulations .01 — .09 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989); emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475) Regulation .05A amended effective November 20, 1994 (21:23 Md. R. 1933) Regulations .01—.09 repealed and new Regulations .01 — .31 adopted effective March 1, 2004 (31:4 Md. R. 317) chapter revised effective March 5, 2012 (39:4 Md. R. 337) Regulation .05A amended effective December 8, 2016 (43:24 Md. R. 1350)