Chapter 08. Civil Penalties
Regulation .01 Scope.LinkCopy Citation
These regulations establish the standards by which the Board may impose a civil penalty of not more than $5,000 against any dentist licensed in the State who is found to be in violation of Health Occupations Article, Title 4, 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 the Board of Dental Examiners.
(2)
“Civil penalty” means a monetary penalty.
(3)
“Universal precautions” means blood and body fluid precautions as defined in “Control of Communicable Diseases in Man”, which is incorporated by reference in COMAR 10.06.01.01.
Regulation .03 Imposition of a Civil Penalty.LinkCopy Citation
After a hearing as provided in COMAR 10.44.07, the Board may impose a civil penalty against a dentist for violation of Health Occupations Article, §4-315, and pertinent regulations:
A.
In place of, or in addition to, suspension of a dentist's license; or
B.
In addition to the revocation of a dentist's license.
Regulation .04 Violations for Which Civil Penalties May Be Imposed.LinkCopy Citation
Civil penalties may be imposed if a dentist is found to have violated any section of Health Occupations Article, §4-315(a), Annotated Code of Maryland.
Regulation .05 Guidelines for Imposing Civil Penalties.LinkCopy Citation
The Board may impose a penalty for violations of Regulation .04 of this chapter considering the nature and severity of the violation consistent with the following guidelines:
A.
For the first violation, a civil penalty of not more than 25 percent of the maximum civil penalty;
B.
For the second violation, a civil penalty of not more than 50 percent of the maximum civil penalty;
C.
For the third and any subsequent violation, a civil penalty of not more than the maximum civil penalty.
Regulation .06 Power and Authority of Board.LinkCopy Citation
The power and authority of the Board to impose these civil penalties may not be affected or diminished by any other proceeding, civil or criminal, concerning the same violation or violations except as provided in these regulations.
Regulation .07 Appeal Rights.LinkCopy Citation
A licensee against whom a civil penalty has been imposed may have judicial review of the Board's decision as provided by law.
Regulation .08 Payment of Penalties.LinkCopy Citation
A.
A civil penalty imposed under these regulations shall be paid to the Board by the licensee upon the expiration of the period allowed for appeal. Noting of an appeal does not stay the Board's order. Money collected by the Board under these regulations shall be paid over to the State Treasurer and shall become part of the General Fund of the State.
B.
When payment of a civil penalty imposed by the Board against a license in accordance with these regulations is not paid by the licensee when due under these regulations, the Board shall refer the case to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings for enforcement of payment.
Chapter annotations
Authority: Health Occupations Article, §§4-205(b)(3) and 4-317, Annotated Code of Maryland
History: Effective date: November 23, 1981 (8:23 Md. R. 1857)
History: (Originally promulgated as COMAR 10.44.09. Recodified to 10.44.08)
History: Regulation .02 amended effective June 15, 1998 (25:12 Md. R. 947)
History: Regulation .04 amended effective February 19, 1990 (17:3 Md. R. 300); June 15, 1998 (25:12 Md. R. 947)
History: Regulation .04 repealed and new Regulation .04 adopted effective June 25, 2001 (28:12 Md. R. 1110)
History: Regulation .05 amended effective February 19, 1990 (17:3 Md. R. 300); June 15, 1998 (25:12 Md. R. 947)