Title 10 — Subtitle 60. Board of Environmental Health Specialists

“Accredited educational institution” means a college or university in the United States or an equivalent which has been accredited by an accrediting organization or agency that is recognized by the United States Department of Education.

“Apprenticeship” means a program of training and experience under the supervision of a licensed environmental health specialist that is a requirement for a Board-approved baccalaureate degree from an accredited educational institution.

“Approved experience” means experience which classifies as practice as an environmental health specialist.

Approved Training.

“Board” means the State Board of Environmental Health Specialists.

“Board-approved baccalaureate degree” means a baccalaureate degree in science in:

“Certificate” means any of the following certificates issued by the Board:

“Environmental health specialist-in-training” means an individual who:

“Environmental health specialist-in-training program” means a program which provides an environmental health specialist-in-training with approved experience under the supervision of an environmental health sponsor.

Environmental Health Sponsor.

“Environmental science degree” means a baccalaureate or master’s degree inclusive of sufficient course and lab work consistent with semester credits or equivalent in quarter credits in physical and biological sciences acceptable to the Board.

“Full-time employment” means employment of at least 34 hours per week.

“Hours of approved training” means the value given by the Board for participation in continuing education or experience.

“Internship” means an environmental health specialist-in-training program that:

“Laboratory course” means a traditional on-site setting or virtual setting where an individual conducts practical experiments by either:

“License” means a license issued by the Board to practice as an environmental health specialist.

“License renewal period” means the 24-month period immediately preceding the expiration date of the license.

“Licensed environmental health specialist” means an individual who is licensed by the Board to practice as an environmental health specialist.

Major Component of Employment.

Party.

“Permanent employee” means an individual who is:

“Practice as an environmental health specialist” means, as a major component of employment, to apply academic principles, methods, and procedures of the environmental, physical, biological, and health sciences to the inspections and investigations necessary to collect and analyze data and to make decisions necessary to secure compliance with federal, State, and local health and environmental laws and regulations specifically relating to control of the public health aspects of the environment including:

“Subject matter expert” means an individual with in-depth knowledge or expertise in performing a specialized job, duty or skill within an organization.

“Temporary employee” means an individual who is:

Licensed by the Board;

Employed under a valid environmental health specialist-in-training certificate issued by the Board; or

Participating in an apprenticeship approved by the Board.

Qualifies for examination as provided in §B of this regulation;

Takes and passes the examination;

Has not committed an act which, under Health Occupation Article, §21-312, would subject the applicant to disciplinary action by the Board; and

Pays the necessary fees as specified in COMAR 10.60.06.

Combination 1:

Combination 2:

Except as provided in §C(2) of this regulation, laboratory coursework shall be in the following fields:

The Board may accept a health or environmental field not listed in §C(1) of this regulation if the Board determines that the field is sufficiently related to the practice of an environmental health specialist.

An applicant shall have completed at least:

The Board considers the applicant to be recognized as outstanding in the field of environmental health as stated in COMAR 10.60.02.04L; or

The applicant has:

Perform in a competent manner assigned job duties and responsibilities which constitute practice as an environmental health specialist; and

Demonstrate proficiency in all areas of public and environmental health on a written examination required by the Board.

Provide the environmental health specialist-in-training with approved experience that is in accordance with §E of this regulation and which includes the following:

Provide the environmental health specialist-in-training with an opportunity for education and training in the:

Ensure that the program complies with §B of this regulation;

Provide in house training and opportunities for outside training events; and

Define and track progress through the performance evaluation process.

Review recommended resource materials;

Attend recommended training events to improve breadth and depth of knowledge;

Receive satisfactory or above performance evaluation ratings for the entire in-training program; and

With the sponsor’s input, establish a timeline for when to take the examination.

Experience obtained under the direction of the environmental health sponsor shall be credited toward the experience requirements of an environmental health specialist-in-training program.

The amount of approved experience required for each environmental health specialist-in-training program shall be in accordance with Regulation .03B of this chapter.

The Board may approve and apply experience that was obtained from prior employment as part of an environmental health specialist-in-training program.

Approved experience shall be credited to an environmental health specialist-in-training as follows:

Except for an internship approved by an environmental health sponsor, approved experience does not include experience obtained to satisfy the degree requirements of an academic institution.

Submits an application for approval on the form required by the Board; and

Submits satisfactory evidence that the training and experience provided to an apprenticeship participant meets the requirements of §§B—G of this regulation.

Establishes any employment requirements for the apprenticeship participant; and

Defines the methods for tracking and evaluating participant performance.

Perform, in a competent manner, assigned job duties and responsibilities which constitute practice as an environmental health specialist; and

Demonstrate proficiency in all areas of public and environmental health on a written examination required by the Board.

The manufacture, preparation, handling, distribution, or sale of food and milk;

Water supply and treatment;

Wastewater treatment and disposal;

Solid waste management and disposal;

Vector control;

Insect and rodent control;

Air quality;

Noise control;

Product safety;

Recreational sanitation;

Institutional and residential sanitation; and

Subject areas included in the recognized examination approved by the Board.

Conducting inspections and investigations;

Collecting and analyzing data;

Making decisions necessary to secure compliance with federal, State, and local laws and regulations that relate to control of the public health aspects of the environment; and

Reviewing and approving plans for compliance or process changes.

Submit the appropriate application in writing on a form provided by the Board;

Pay the application fee established by COMAR 10.60.06;

Have official transcripts of all baccalaureate and post-baccalaureate studies submitted in accordance with §B of this regulation; and

Have verification of previous experience, if applicable, submitted in accordance with §C of this regulation.

Official transcripts of all baccalaureate and post-baccalaureate studies shall be submitted directly to the Board from the appropriate educational institutions.

If official transcripts are not available, the Board may accept other evidence certifying successful completion of course work considered equivalent by the Board.

A graduate of a college or university that is not an accredited educational institution shall provide written documentation from an evaluation service, or other source acceptable to the Board, which:

For apprenticeship graduates, the educational institution shall, as part of the official transcript, submit documentation, such as a certificate of completion, that the applicant satisfactorily completed the apprenticeship.

May not take any action on an incomplete application; and

Shall notify the applicant of the need for additional information within 45 days of receipt of the application.

The applicant qualifies for a license under COMAR 10.60.01.03 or .04;

The applicant qualifies for:

The applicant does not qualify to receive a license or a certificate of eligibility, or to take the examination, for one or more of the reasons set forth in §C of this regulation; or

The application is incomplete, the reasons the application is incomplete, and that the application will be invalid in 1 year.

Following notification of license approval, the applicant shall pay to the Board the licensing fee established in COMAR 10.60.06.

The license may not be issued until the fee is paid to the Board.

The Board shall deny an application if the Board determines that the applicant:

If the Board denies an application, the Board shall:

If the Board denies an application for licensure under Regulation .03C(1)(a) of this chapter, or denies an application to renew a license under Regulation .06 of this chapter, the applicant may request reconsideration of the denial by submitting new or additional information to the Board.

Requests for reconsideration under §D(1) of this regulation shall be based on one or more of the following grounds:

Requests for reconsideration shall be submitted to the Board in writing by certified mail within 30 days of receipt of the denial under §C of this regulation.

Authorize a recognized examination agency to administer the examination on behalf of the Board; or

Administer an examination prepared by a recognized examination agency.

Standardized and prepared by a recognized examination agency; and

Held at least once a year.

List of eligible applicants and their eligibility expiration date to an authorized examination agency;

For applicants who have satisfied education and experience requirements set forth under COMAR 10.60.01.03, notice of eligibility to sit for the examination;

Examination information for eligible applicants on the Board’s website;

Results of the examination to the applicant; and

For applicants who receive a passing score, instructions on securing a license.

Date the:

Procedure to:

Collect the examination fee from the applicant; and

Provide examination results to the Board.

Received a notice of eligibility from the Board; and

Paid an examination fee as established by COMAR 10.60.06.

Submits an application on a form required by the Board; and

Pays any applicable examination fees.

Meet the criteria set forth in COMAR 10.60.01.03 and 10.60.02.01 for an environmental health specialist-in-training;

Be considered a subject matter expert by the Board in one or more of the following areas:

Demonstrate at least one of the following career pathways with a minimum of 15 years of progressive responsibilities with:

Demonstrate and document involvement in an area listed in §L(2) of this regulation, in at least one of the following activities:

The Board shall issue a certificate of eligibility for obtaining employment to an applicant who:

The certificate of eligibility for obtaining employment shall expire 12 months after the issuance date and may be renewed at 12-month increments if the certificate holder:

The Board shall issue an environmental health specialist-in-training certificate to an applicant who has been employed to practice as an environmental health specialist under a certificate of eligibility for obtaining employment issued by the Board if the applicant:

The environmental health specialist-in-training certificate shall expire 36 months after its effective date unless the expiration date has been extended in writing by the Board in accordance with §B(4) or (6) of this regulation.

The Board may not renew an environmental health specialist-in-training certificate for which the expiration date has been extended.

Upon a written request from the holder of an environmental health specialist-in-training certificate prior to the expiration date of the certificate, the Board may extend an environmental health specialist-in-training certificate for up to 6 months due to physical incapacitation of the environmental health specialist-in-training or for other reasons acceptable to the Board.

The Board may place the environmental health specialist-in-training certificate on inactive status due to reasons acceptable to the Board upon a written request from the holder of an environmental health specialist-in-training certificate.

The Board may reactivate the environmental health specialist-in-training certificate within the original 36 month period with an expiration date that reflects the balance of remaining time for training:

If the holder of an environmental health specialist-in-training certificate is a temporary employee as defined in COMAR 10.60.01.01, the Board, upon written request from the holder of the environmental health specialist-in-training certificate and upon receipt of the renewal fee as required by COMAR 10.60.06, may renew a valid certificate for a period of 24 months.

If a temporary employee is hired as or otherwise converted to a permanent employee:

The license of a licensee with an even-numbered birth year shall expire on June 30 of an even-numbered year; and

The license of a licensee with an odd-numbered birth year shall expire on June 30 of an odd-numbered year

Except as provided in §B(2) and (3) of this regulation, the Board shall renew a license for a 2-year period if the licensee has:

For licenses expiring on June 30, 2023 only, the Board shall renew the license of a licensee with an even-numbered birth year for a 1-year period if the licensee meets the requirements set forth under §B(1) of this regulation.

For licenses expiring on June 30, 2024 only, the Board shall renew a license for a 2-year period if the licensee has:

The Board may deny the application to renew a license if the applicant has failed to satisfy the requirements of §B of this regulation.

Before the expiration of a license, the Board shall notify the licensee of the need to renew the license.

The failure of a licensee to receive a renewal notice does not:

Submits to the Board a written application for inactive status on a form the board requires; and

Pays to the Board the inactive status fee set by the Board.

The date the license has or will expire;

The date the inactive status became effective;

The date the inactive status expires; and

The consequences of not reactivating the license before the inactive status expires.

Applies to the Board for reactivation of the license before the inactive status expires;

Complies with the license renewal requirements that are in effect when the licensee applies for reactivation;

Has completed 20 credit hours of approved continuing education in the past 24 month period; and

Pays to the Board the reactivation fee established by COMAR 10.60.06(7).

The date the license expired;

The date the non-renewed status became effective;

The date the non-renewed status expires; and

The consequences of not reactivating the license before the non-renewed status expires.

Applies to the Board for reactivation of the license before the non-renewed status expires;

Complies with the license renewal requirements that are in effect when the individual applies for reactivation;

Has completed 20 credit hours of approved continuing education in the past 24 month period; and

Pays to the Board the reactivation fee established by COMAR 10.60.06.D. An applicant for reactivation of a license shall submit to the Board documentation of completion of approved training as set forth in COMAR 10.60.03.04E.

College-level or post-graduate course work given by an accredited educational institution;

Courses, seminars, workshops, or lectures;

Extension studies, on-line courses, and correspondence courses, if there is satisfactory proof of completion, acceptable to the Board;

In-service training, if there is satisfactory proof of completion;

Authoring a paper published in a professional journal requiring peer review;

Instruction of approved training courses; or

For licensees applying for renewal for the first time:

For courses for which continuing education units (CEUs) have been assigned, 1 CEU is equivalent to 10 clock or classroom hours of approved training;

For courses given in educational institutions, 1 hour of classroom training is equivalent to 1 hour of approved training;

For training such as online courses, correspondence courses, extension studies, authored papers, and any other approved training, the Board shall determine the hours of approved training on a case-by-case basis;

For instruction of an approved training course, the Board shall grant:

For licensees applying for renewal for the first time, the Board shall grant 5 hours of approved training for each full 6-month period that the licensee participated in training or work experience listed in §C(7) of this regulation within the license renewal period.

The Board shall assign hours of approved training to a license renewal if the licensee completed the hours of training during the license renewal period, unless an extension has been granted pursuant to Regulation .04 of this chapter.

For licensees applying for renewal for the first time, the Board shall assign hours of approved training to the license renewal if the licensee completed training set forth under:

Within the license renewal period, credit may not be received for training that is substantially similar to another training as determined by the Board.

The sponsor of a training course or licensee may request of the Board approval of training on a form provided by the Board.

The Board shall maintain a list of all approved providers.

Pre-approved providers shall offer continuing education programs that meet the objectives set forth in Regulations .01A and C of this chapter.

The following are pre-approved providers:

Failure to fulfill the continuing education requirements is a result of:

The licensee attempted to meet the requirements.

Audit a percentage of its licensees, to be selected by the Board, for completion of approved training each renewal period; and

Send a notice of audit to all licensees to be audited.

A licensee shall provide to the Board a:

If a certificate of completion is not available, the licensee shall provide other documentation determined by the Board to be adequate, in light of the nature of the training, to establish that training was actually received by the licensee.

Other documentation adequate to establish that training was actually received may include:

A licensee shall submit any additional information requested by the Board to evaluate completion of continuing education requirements.

A licensee with an active license shall retain records documenting completion of continuing education requirements for 2 years after the licensing renewal date for which the report of continuing education was submitted to the Board.

The documentation required in §E(1) of this regulation may be requested by the Board at any time within that 2-year period.

Fails to attest on the renewal application that the licensee has completed the required number of hours of approved training; and

Was not granted an extension from the Board pursuant to Regulation .03 of this chapter.

Fails to submit the required documentation in accordance with Regulation .04 of this chapter;

Fails to demonstrate completion of the required hours of approved training in accordance with this chapter; or

Falsifies or misrepresents any information concerning continuing education on a renewal application.

“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.

“Board” means the State Board of Environmental Health Specialists.

“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 one or more 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:

“Charging document” means a nonpublic record issued by the Board which:

“Complaint” means a written allegation received by the Board that a licensee may have violated the Maryland Environmental Health Specialists Act and which may be grounds for an investigation or disciplinary action by the Board.

“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.

“Contested case” means a proceeding conducted under the Administrative Procedure Act.

“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:

“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:

“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 Environmental Health Specialists Act.

Letter of Admonishment.

“Letter of education” means informal action consisting of a nonpublic letter to a licensee:

Letter of Surrender.

“Licensee” means an individual holding:

“Licensure” means permission to engage in the practice of environmental health work which is evidenced by a license issued by the Board.

“Maryland Environmental Health Specialists Act” means Health Occupations Article, Title21, 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:

“Postdeprivation evidentiary 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.

“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:

“Preliminary review” 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 Environmental Health Specialists Act.

“Probation” means a sanction imposed by the Board in a public final order in which the licensee is:

“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.

“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.

“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.

“Respondent” means a licensee, subject to the jurisdiction of the Board, that has been:

“Revocation” means the removal of an environmental health specialist license to practice environmental health.

“Sanction” means an action by the Board, including a:

“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.

“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, taken if the Board believes the action is necessary to protect the public health, safety, or welfare.

“Surrender” means the voluntary relinquishing of a license to practice environmental health specialist that may be subject to certain conditions set by the Board.

“Suspension” means a temporary denial of the right to use a license and is usually defined by:

“Violation” means an act or omission prohibited under Health Occupations Article, §21-312, Annotated Code of Maryland.

The Board may:

The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee that is the subject of the complaint, to obtain a response to the allegations made in the complaint.

Board subpoenas may be issued by the Board over the signature of an officer or the administrator.

After reviewing any completed investigative information or reports for each complaint, the Board shall:

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 Environmental Health Specialist Act.

If the Board issues charges or a notice of initial denial, the document shall be:

Charges or a notice of initial denial shall:

If the Board is unable to serve the charges or notice of initial denial upon the respondent as described in §C(1) of this regulation, the Board may nevertheless 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 require another party to produce, within 15 days, the following:

Mandatory Discovery.

Parties are not entitled to discovery of items other than those listed in §D(1) and (2) of this regulation.

Both parties have a continuing duty to supplement their disclosures of witnesses and documents.

Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list after:

The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes.

Construction.

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.

Except as provided in Regulation .05E(1) of this chapter, the Board may deny a respondent's request for a 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 discovered or available through another source.

Recommendations of the case resolution conference are not binding on the Board, which may:

If the respondent and the administrative prosecutor are unable to reach an agreement for settlement that is recommended by the case resolution conference committee and ratified by the Board, the matter shall proceed to a hearing on the charges or notice of initial denial.

If the respondent disagrees with the recommendation of the case resolution conference committee, the respondent 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.

The Board may require conditions for surrender of a license, including:

Unless the Board determines that disclosure of the surrender is not in the public interest, a letter of surrender is a final order of the Board and is a public record under State Government Article, §10-611, Annotated Code of Maryland.

Hearings shall be conducted under State Government Article, Title 10, Annotated Code of Maryland.

The Board may delegate its authority to hear contested cases to the Office of Administrative Hearings.

Proceedings may not be open to the public.

All records, including the recommended decision, shall be confidential and sealed.

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:

A licensee to 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 initially denied.

The Board has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Environmental Health Specialists Act.

If a matter has been delegated by the Board to the Office of Administrative Hearings, a 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, within 15 days after the issuance of the recommended decision, or as otherwise specified by the administrative law judge in the recommended decision, either party may file written exceptions with the Board.

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 10 days after a party's exceptions are filed with the Board, the opposing party may file an answer to exceptions.

Unless otherwise permitted by the Board, a party's answer to 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 response to an answer to the exceptions.

Unless otherwise agreed by the parties and permitted by the Board, an exceptions hearing shall be scheduled for the next meeting of the Board after receipt of the parties' exceptions and any answer to exceptions.

Exceptions Hearing.

Unless otherwise agreed by the parties and permitted by the Board, the parties may not, in an answer to exceptions or in the hearing on exceptions, reference any document or other evidence or offer an 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 §D(2) of this regulation, 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.

After review of the record and deliberation, the Board shall issue a final order consisting of findings of fact, conclusions of law, and the sanction or disposition to be imposed.

Upon a finding that there has been a violation of the Maryland Environmental Health Specialists Act, the Board may order that the licensee be fined, reprimanded, placed on probation, or the license suspended or revoked.

Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue:

If the Board votes to issue a notice of intent to summarily suspend a license or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution.

A notice of intent to summarily suspend a license shall include:

Service.

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.

Predeprivation Show Cause Hearing Before the Board.

The Board member who presides over the hearing:

A Board member may be recognized by the presiding member to ask questions of either party appearing before the Board.

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:

Time—Service and Hearing.

If the respondent requests a hearing under §B(3)(a)(iii) of this regulation, that hearing shall:

In a show cause proceeding under §C of this regulation, 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, the Board may, after the show cause hearing, vote to:

If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the hearing, vote to:

An order for summary suspension or other order issued by the Board after the initiation of summary suspension proceedings are final orders of the Board and public records under State Government Article, §10-611, Annotated Code of Maryland.

If the Board orders the summary suspension of a license under §C or D of this regulation, the respondent shall be provided with an opportunity for an evidentiary hearing before the Board, or if the Board delegates the matter to the Office of Administrative Hearings, before an administrative law judge.

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, a hearing shall be provided within 45 days after respondent's request.

An evidentiary hearing may be consolidated with a hearing on charges issued by the Board that include the facts that form the basis for the summary suspension.

An evidentiary hearing shall be conducted under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

If the Board delegates the matter to the Office of Administrative Hearings, the administrative law judge shall issue a recommended decision to the Board with:

If the hearing is one combined with charges, the administrative law judge's determination of the merits of the summary suspension shall be based only on the parts of the record available to the Board when the Board voted for summary suspension.

The parties may file exceptions to the recommended decision, as provided in the State Government Article, §10-216, 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 record under State Government Article, §10-611, Annotated Code of Maryland.

Reeducation or completion of approved courses;

Payment of a fine;

Providing free environmental health specialist services in a Board-approved program;

Practicing 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 practices or billing;

Periodic audits of a licensee's billing practices;

An examination by a physician or other appropriate health care provider;

Limitation of the licensee's practice;

Obtaining a passing score on an appropriate examination; or

Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee.

The specific period of time has passed; or

The licensee has successfully completed the conditions or acts required for termination.

Charge the licensee with a violation of probation;

Take any action the final order or consent order provides for 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 may take by law.

If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter.

The charging document for a violation of probation shall:

If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter.

Take any action the consent order or final order provides for a violation of probation;

Impose additional conditions of probation; or

Impose a sanction or take any other action the Board considers appropriate and may take by law.

A licensee shall petition the Board for a termination of a suspension of a license or a reinstatement after revocation or surrender of a license.

A licensee that petitions the Board for reinstatement under the 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 5 or more years before filing a petition for reinstatement is ineligible for reinstatement but may apply for initial licensure.

In addition to complying with any conditions for reinstatement ordered by the Board, an applicant for reinstatement shall:

If the Board issues a notice of intent to deny reinstatement, that notice shall be served as provided for in Regulation .05C(1) and (3) of this chapter.

A notice of intent to deny reinstatement shall:

If the applicant requests a hearing on the notice of intent to deny reinstatement, the Board shall, before the hearing, provide the applicant with a case resolution conference as provided in Regulation .06A of this chapter, to discuss settlement of the matter.

A hearing on the notice of denial of reinstatement shall be held before the Board or a delegated to an administrative law judge and conducted under the contested case provisions of the Administrative Procedure Act.

Reprimanding a licensee;

Placing a licensee on probation; or

Suspending or revoking a license.

The cost of investigating and prosecuting the case against the individual;

The extent of actual or potential public harm caused by the violation;

The extent to which the individual derived a financial benefit from the violation;

The history of a previous violation or violations;

The willfulness of the improper conduct; and

Mitigating factors as presented by the licensee.

The conflict can be legally waived; and

Waiver is obtained in writing from all affected parties;

Application processing fee — $100;

12-month renewal of certificate of eligibility for obtaining employment — $50;

Initial license fee — $75;

Biennial license renewal — $200;

One-time renewal fee for licenses expiring on June 30, 2023 for licensees with an even-numbered birth year whose license will be renewed for 1 year — $100;

Reactivation processing fee to change from inactive status to active status — $300;

Reactivation processing fee to change from non-renewed status to active status — $500;

Inactive status fee — $25;

Returned check charge (plus bank charges) — $25;

Replacement of license — $25;

Copy of roster of current license holders — $25; and

24-month renewal of certificate of in training for temporary employee — $25..