In this subtitle, the following terms have the meanings indicated. Terms Defined. “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. “Approved training” means Board-approved courses of study or programs of instruction, or courses or programs offered by a pre-approved provider, in an area of environmental health sciences and related subjects designed to improve, advance, or extend professional skill and knowledge relating to the practice of an environmental health specialist. “Approved training” includes, for licensees applying for renewal of a license for the first time, in-training or prior work experience as specified under COMAR 10.60.03.01C(7). “Board” means the State Board of Environmental Health Specialists. “Board-approved baccalaureate degree” means a baccalaureate degree in science in: Biology; Chemistry; Environmental Science; Geology; or Any other area related to the practice of an environmental health specialist approved by the Board. “Certificate” means any of the following certificates issued by the Board: A certificate of eligibility for obtaining employment; and An environmental health specialist-in-training certificate. “Environmental health specialist-in-training” means an individual who: Meets the educational qualifications set forth in Regulation .03B of this chapter; and Has a valid environmental health specialist-in-training certificate. “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 health sponsor” means an individual who is responsible for overseeing the implementation and progress of an applicant's environmental health specialist-in-training program. “Environmental health sponsor” includes: For public employees, an environmental health director, equivalent agency officer, or their designee; or For private sector employees, an environmental professional, who, like an environmental health director or equivalent agency supervisor, makes discretionary decisions affecting food safety, water quality, air quality, sewage systems, and other aspects of the environment affecting the public health. “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: Consists of 3 months of approved experience; and Has been completed by an individual who has graduated from an accredited educational institution with a master’s degree in public or environmental health. “Laboratory course” means a traditional on-site setting or virtual setting where an individual conducts practical experiments by either: Hands on; or Simulation relative to the subject area. “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. “Major component of employment” means a job duty or responsibility that: An individual may be reasonably expected to perform; Is identified and listed separately on a position description form such as a Maryland State form MS-22; and Entails significant decision-making responsibility and authority in the process of securing compliance with federal, State, or local health and environmental laws and regulations specifically relating to the control of the public health aspects of the environment. “Major component of employment” does not include a job duty or responsibility identified as miscellaneous or other duties as assigned. Party. “Party” means a person or agency named or admitted as a party, or properly seeking and entitled to the right to be admitted as a party, in formal hearings. “Party” includes a person or agency admitted for limited purposes. “Permanent employee” means an individual who is: Employed to practice as an environmental health specialist; and Not a temporary employee. “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: 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; and Institutional and residential sanitation. “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: Employed to practice as an environmental health specialist on a temporary basis for a length of time not to exceed 6 consecutive months within a consecutive 12-month period; and Not required to complete the total months of experience in an environmental health specialist-in-training program under Regulation .03B of this chapter on a consecutive monthly basis. An individual may not practice as an environmental health specialist in the State unless the individual 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. An individual may not practice as an environmental health specialist under an environmental health specialist-in-training certificate for more than a total of 3 years, unless approved by the Board in accordance with COMAR 10.60.02.05B. Pursuant to Health Occupations Article, §21–401, Annotated Code of Maryland, unless an individual is licensed under this chapter, an individual may not use the title “environmental health specialist” or “licensed environmental health specialist” or the initials “E.H.S.” or “L.E.H.S.” after the name of the individual or any other title with the intent to represent that the individual is licensed to practice as an environmental health specialist. The Board shall license an applicant if the applicant: 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. An applicant is eligible to take the examination if the applicant has satisfied one of the following combinations of education and experience: Combination 1: Graduated from an accredited educational institution with a baccalaureate degree that includes: A minimum of 30 semester credit hours or the equivalent quarter [credits] credit hours of chemical, physical, biological, and environmental sciences acceptable to the Board; A course in mathematics; and Laboratory coursework as required in §C of this regulation; and Has either: Obtained 12 months of experience in an environmental health specialist-in-training program approved by the Board; or Completed an apprenticeship approved by the Board; or Combination 2: Graduated from an accredited educational institution with a master’s degree in public or environmental health science that includes: A minimum of 30 semester credit hours or 45 quarter credit hours of chemical, physical, biological, or environmental sciences acceptable to the Board; A course in mathematics; and Laboratory coursework as required in §C of this regulation; and Completed an internship. Laboratory Coursework. Except as provided in §C(2) of this regulation, laboratory coursework shall be in the following fields: Chemistry; Physics; Biology; Geographic information systems; Soil science; and Geological science. 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: One laboratory course in two of the fields listed in §C(1) of this regulation; Four laboratory courses in one of the fields listed in §C(1) of this regulation; or Two laboratory courses in one or more of the fields accepted by the Board in accordance with §C(2) of this regulation. The Board may waive any examination requirement under this chapter if: 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: Satisfied the education and experience requirements set forth in Regulation .03 of this chapter; Passed an examination as a condition of licensure or registration in another state; Been licensed or registered as an environmental health specialist or its equivalent in another state; and Performed at least 24 months of compensated work as an environmental health specialist or its equivalent in the other state. An applicant who satisfies §A of this regulation shall pay to the Board the application and license fees established by COMAR 10.60.06 before receiving a license. The purpose of an environmental health specialist-in-training program shall be to prepare the environmental health specialist-in-training to: 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. At a minimum, an environmental health specialist-in-training program shall: Provide the environmental health specialist-in-training with approved experience that is in accordance with §E of this regulation and which includes the following: 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; and Provide the environmental health specialist-in-training with an opportunity for education and training in the: Areas identified in Regulation .01B(20) of this chapter; and Subject areas included in the recognized examination approved by the Board. The environmental health sponsor of an environmental health specialist-in-training program shall: 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. As part of the implementation of the in-training program, the environmental health specialist-in-training shall: 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 Requirements. 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: Each month of full time employment is credited as 1 month of experience; Each month of less than full-time employment is credited on a prorated basis; and No experience credit is given for any month during which the environmental health specialist-in-training's job performance is rated as unsatisfactory in writing by that individual’s supervisor. 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. The Board shall approve an apprenticeship if the apprenticeship provider: 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. An apprenticeship shall be under the supervision of an environmental health specialist actively licensed in the State. An apprenticeship shall be rendered as a part of a Board-approved baccalaureate degree from an accredited institution. Apprenticeship Written Plan. An apprenticeship shall be provided pursuant to a written plan that: Establishes any employment requirements for the apprenticeship participant; and Defines the methods for tracking and evaluating participant performance. An apprenticeship shall prepare the participant to: 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. Education and Training. An apprenticeship shall provide the participant with education and training in: 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. Apprenticeship Experience Requirements. An apprenticeship shall provide the participant with experience in the following skills: 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. The minimum duration of an apprenticeship shall be 6 months. The maximum duration of an apprenticeship shall be 5 years. Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland Effective date: Regulations .01—.05 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) Regulation .01B amended effective November 9, 2015 (42:22 Md. R. 1379); June 28, 2021 (48:13 Md. R. 508); May 1, 2023 (50:8 Md. R. 338); January 5, 2026 (52:26 Md. R. 1309) Regulation .02 amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .02A amended effective January 5, 2026 (52:26 Md. R. 1309) Regulation .02C adopted effective March 13, 2017 (44:5 Md. R. 294) Regulation .03B amended effective November 9, 2015 (42:22 Md. R. 1379); March 13, 2017 (44:5 Md. R. 294); June 28, 2021 (48:13 Md. R. 508); August 5, 2024 (51:15 Md. R. 710); January 5, 2026 (52:26 Md. R. 1309) Regulation ,03C adopted effective August 5, 2024 (51:15 Md. R. 710) Regulation .04A amended effective November 9, 2015 (42:22 Md. R. 1379); March 13, 2017 (44:5 Md. R. 294); June 28, 2021 (48:13 Md. R. 508) Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379); March 13, 2017 (44:5 Md. R. 294) Regulation .05A, B amended effective June 28, 2021 (48:13 Md. R. 508) Regulation .05E amended effective April 23, 2018 (45:8 Md. R. 422); August 5, 2024 (51:15 Md. R. 710) Regulation .06 adopted effective January 5, 2026 (52:26 Md. R. 1309) An individual applying for a license or certificate of eligibility shall: 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. Transcripts. 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: States that the institution’s program of study is substantially equivalent to that of accredited educational institutions; and Shows that the course work completed by the applicant satisfies the requirements of COMAR 10.60.01.03B. 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. An applicant for a license who claims experience as an environmental health specialist shall provide to the Board independent written verification from the applicant’s employer describing the nature and duration of the applicant’s experience. The Board: 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. An application is not complete until all required material, including the fee and supporting documentation, is received by the Board. An incomplete application shall be held for 1 year from the date of initial receipt, after which the application is invalid. The Board shall notify an applicant in writing that: The applicant qualifies for a license under COMAR 10.60.01.03 or .04; The applicant qualifies for: Examination under COMAR 10.60.01.03; or A certificate of eligibility under COMAR 10.60.02.05; 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. Payment of License Fee. 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. Denial of an Application. The Board shall deny an application if the Board determines that the applicant: Has failed to demonstrate that the applicant qualifies for licensure, examination, or issuance of a certificate in accordance with §A(1) or (2) of this regulation; or Has committed any act which, under Health Occupations Article, §21-312, Annotated Code of Maryland, would subject the licensee to disciplinary action by the Board. If the Board denies an application, the Board shall: Notify the applicant by first-class mail and electronic means of the reasons for denial; Advise the applicant of the procedures for reconsideration under §D of this regulation if the application was denied under §C(1)(a) of this regulation; and Follow the procedures set forth in COMAR 10.60.04 if the application was denied under §C(1)(b) of this regulation. Reconsideration. 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: Clerical errors in the minutes, decisions, or other parts of the record related to the denial; Mistake of fact or law by the Board; Irregularity in the administrative proceedings related to, or in the consideration of, the application; Newly discovered or additional evidence that the applicant could not have discovered by due diligence in time to be considered as part of the initial denial. 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. The Board shall: Authorize a recognized examination agency to administer the examination on behalf of the Board; or Administer an examination prepared by a recognized examination agency. The examination shall be: Standardized and prepared by a recognized examination agency; and Held at least once a year. The Board shall provide the: 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. The notice of eligibility to an applicant shall include the: Date the: Applicant is eligible to sit for the examination; and Eligibility to sit for the examination expires; and Procedure to: Register to sit for the examination; Pay the fee for examination; and Retake the examination. The authorized examination agency shall: Collect the examination fee from the applicant; and Provide examination results to the Board. Passing Score. The passing score for the examination shall be determined by the recognized examination agency. An applicant who has not previously taken the written examination is permitted to sit for an examination if the applicant has: Received a notice of eligibility from the Board; and Paid an examination fee as established by COMAR 10.60.06. An applicant who fails the examination may retake the examination if the applicant: Submits an application on a form required by the Board; and Pays any applicable examination fees. The Board may waive any examination requirement under this regulation if the Board considers the applicant to be recognized as outstanding in the field of environmental health. To be recognized as outstanding in the field of environmental health by the Board, an applicant shall: 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: 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; or Institutional and residential sanitation; Demonstrate at least one of the following career pathways with a minimum of 15 years of progressive responsibilities with: Technical knowledge and experience, including obtaining a master’s or doctoral degree in an environmental or public health-related area, wherein the time devoted to technical scientific research may be applied towards the minimum time criteria as follows: If obtaining a master’s degree, 1 year; or If obtaining a doctoral degree, 2 years; A managerial hierarchy similar to that of an environmental health specialist, such as: Health specialist in training; Licensed environmental health specialist; Supervisor; Program manager; or Director; or A combination of §L(3)(a) or (b) of this regulation; and Demonstrate and document involvement in an area listed in §L(2) of this regulation, in at least one of the following activities: Research; Has been published in peer review publications; Has given court testimony or served as an expert witness qualified by a court system; Has teaching experience; or Where applicable, received a professional license through a Maryland or other recognized licensure body in the applicant’s field. Certificate of Eligibility for Obtaining Employment. The Board shall issue a certificate of eligibility for obtaining employment to an applicant who: Meets the educational requirements set forth in COMAR 10.60.01.03; Has submitted an application in accordance with Regulation .01 of this chapter; Is not currently practicing as an environmental health specialist in Maryland; and Has not previously completed an environmental health specialist-in-training program under an environmental health specialist-in-training certificate issued by the Board. 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: Submits a request for renewal prior to expiration of the certificate on a form provided by the Board; and Forwards the form to the Board together with the renewal fee established by COMAR 10.60.06. Environmental Health Specialist-In-Training Certificates. 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: Has returned a completed certificate of eligibility for obtaining employment to the Board; and Is participating in an environmental health specialist-in-training program. 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: Upon a written request from an individual whose environmental health specialist-in-training certificate is inactive; and Along with a letter of support from a sponsor. 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 employee shall submit the employee’s current environmental health specialist-in-training certificate to the Board within 30 days; Upon receipt of the certificate referenced in §D(6)(a) of this regulation, the Board shall renew a new environmental health specialist-in-training certificate that is valid for 36 months; and The Board may reduce the required number of months of experience in an environmental health specialist-in-training program. Expiration. After June 30, 2023, licenses shall expire pursuant to the following schedule: 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 Conditions for License Renewal. 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: Submitted an application for renewal to the Board before the expiration date of the license; Paid the renewal fee established by COMAR 10.60.06; Submitted satisfactory proof to the Board that the licensee has completed at least 20 clock hours of approved training during the license renewal period; and Not committed any act which, under Health Occupations Article, §21-312, Annotated Code of Maryland, would subject the licensee to disciplinary action by the Board. 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: Submitted an application for renewal to the Board before the expiration date of the license; Paid the renewal fee established by COMAR 10.60.06; Submitted satisfactory proof to the Board that the licensee has completed at least 10 clock hours of approved training during the 1-year period immediately preceding the license expiration date; and Not committed any act which, under Health Occupations Article, §21-312, Annotated Code of Maryland, would subject the licensee to disciplinary action by the Board. The Board may deny the application to renew a license if the applicant has failed to satisfy the requirements of §B of this regulation. Renewal Notification. 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: Relieve the licensee of the obligation to renew the license; and Affect the expiration of the license. A licensee may obtain a duplicate license to replace a license that has been lost, destroyed, or mutilated if the licensee: Makes a written request to the Board that states the reason for requesting a duplicate license; and Pays to the Board the duplicate license fee established by COMAR 10.60.06. The Board shall place a licensed environmental health specialist on inactive status for a period not to exceed 4 years if the licensee: 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 Board shall provide to a licensed environmental health specialist who is placed on inactive status written notification of: 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. Except as provided in Regulation .10 of this chapter, the Board shall reactivate the license of a licensed environmental health specialist who is on inactive status if the licensee: 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). 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. The Board shall place a licensed environmental health specialist on non-renewed status for a period not to exceed 4 years if the licensed environmental health specialist fails to renew the license for any reason. The Board shall provide to the licensee who is placed on nonrenewed status written notification of: 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. Except as provided in Regulation .10 of this chapter, the Board shall reactivate the license of a licensed environmental health specialist who is on non-renewed status if the individual: 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. 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. Notwithstanding Regulations .08 and .09 of this chapter, the Board shall reactivate the license of a licensed environmental health specialist who was placed on inactive or non-renewed status if the individual: Applies to the Board for reactivation after the inactive or non-renewed status expired; Pays to the Board the reactivation fee established by COMAR 10.60.06; Provides any documentation required by the Board; and Passes the examination that is required at time of reactivation. Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland Effective date: Regulations .01—.08 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) Regulation .01B amended effective June 28, 2021 (48:13 Md. R. 508); January 5, 2026 (52:26 Md. R. 1309) Regulation .01C amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .02A, B amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .03A amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .03C amended effective March 13, 2017 (44:5 Md. R. 294) Regulation .04 amended effective June 28, 2021 (48:13 Md. R. 508) Regulation .04A, E amended effective November 9, 2015 (42:22 Md. R. 1379) Regulation .04F, G adopted effective November 9, 2015 (42:22 Md. R. 1379) Regulation .04G amended effective March 13, 2017 (44:5 Md. R. 294) Regulation .04I, J amended effective January 5, 2026 (52:26 Md. R. 1309) Regulation .05 amended effective November 9, 2015 (42:22 Md. R. 1379); January 5, 2026 (52:26 Md. R. 1309) Regulation .05B amended effective March 13, 2017 (44:5 Md. R. 294) Regulation .06 amended effective May 1, 2023 (50:8 Md. R. 338) Regulation .06C repealed effective May 20, 2019 (46:10 Md. R. 490) Regulation .08 repealed and new Regulation .08 adopted effective November 9, 2015 (42:22 Md. R. 1379) Regulation .08D adopted as an emergency provision effective January 9, 2024 (51:3 Md. R. 153); emergency status expired effective July 7, 2024; adopted permanently effective August 5, 2024 (51:15 Md. R. 710) Regulation .09 adopted effective November 9, 2015 (42:22 Md. R. 1379) Regulation .09A amended as an emergency provision effective January 9, 2024 (51:3 Md. R. 153); emergency status expired effective July 7, 2024; amended permanently effective August 5, 2024 (51:15 Md. R. 710) Regulation .09D adopted as an emergency provision effective January 9, 2024 (51:3 Md. R. 153); emergency status expired effective July 7, 2024; adopted permanently effective August 5, 2024 (51:15 Md. R. 710) Regulation .10 adopted effective November 9, 2015 (42:22 Md. R. 1379) The Board shall approve and credit training that meets the requirements of this regulation. Approved training shall be designed to improve, advance, or extend professional skill and knowledge relating to the practice of an environmental health specialist. Approved training may consist of participation in any of the following: 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: On-the-job training in an environmental health specialist-in-training program under the supervision of an environmental health sponsor; or Practice as an environmental health specialist or its equivalent in another state or territory of the United States, as approved by the Board. Determination of Hours of Approved Training. The Board shall determine the hours of approved training as follows: 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: 1 hour of training for 1 hour of instruction; Up to 10 hours of training per license renewal period; and Hours as an instructor only once per license renewal period for each training course; and 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. Assignment of Hours of Approved Training. 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: §C(1)—(6) of this regulation after the date the initial license is issued; or §C(7) of this regulation during the license renewal period. Within the license renewal period, credit may not be received for training that is substantially similar to another training as determined by the Board. Procedures. 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. 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: National, regional, or State accredited academic institutions offering academic courses or programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01.01B(20); State regional, national, or international, environmental health specialist associations offering educational programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01.01B(20); and State, regional, national, or international non-environmental health specialist associations offering educational programs recognized as acceptable environmental health specialist subject areas as defined by COMAR 10.60.01.01B(20). The Board shall maintain a list of pre-approved providers [and pre-approved continuing education courses] on its website. The Board may grant an extension and conditionally renew a license for 6 months if the Board determines that: Failure to fulfill the continuing education requirements is a result of: Functional impairment or prolonged illness that has been diagnosed by a health care practitioner; Mandatory military service or deployment; A prolonged absence from the United States; An officially declared disaster; or Financial hardship; and The licensee attempted to meet the requirements. A licensee’s failure to obtain the required continuing education units on or before the end of the 6-month extension shall result in the licensee’s inability to practice as an environmental health specialist in the State. If a licensee cannot obtain the required continuing education units on or before the end of the 6-month extension, the licensee may submit an application for inactive status. A licensee’s failure to obtain the required continuing education units within the 6-month extension period or to submit an inactive status application shall result in the license being placed on non-renewed status. A licensee shall attest whether the licensee has completed the required number of hours of approved training on a form provided by the Board as part of the application for renewal. The Board shall: 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 subject to an audit shall provide documentation of completion of all required approved training as specified in §D of this regulation within 30 days of the date of the notice of audit. Required Documentation. A licensee shall provide to the Board a: Transcript for courses taken at an accredited educational institution; and Certificate of completion for the approved training. 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: Date, location, and proof of attendance; Names and credentials of the presenters; Agenda, learning objectives, and topics presented; An outline of the presentation; and Proof of presentations made. A licensee shall submit any additional information requested by the Board to evaluate completion of continuing education requirements. Continuing Education Record Retention. 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. A license will not be renewed if the licensee: 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. The Board may take disciplinary action against any licensee who, during an audit: 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. Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland Effective date: Regulations .01 and.02 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) Regulation .01 amended effective June 28, 2021 (48:13 Md. R. 508); May 1, 2023 (50:8 Md. R. 338) Regulation .01C, E amended effective November 9, 2015 (42:22 Md. R. 1379); April 23, 2018 (45:8 Md. R. 422) Regulation .02B amended effective November 9, 2015 (42:22 Md. R. 1379); June 28, 2021 (48:13 Md. R. 508) Regulation .03 adopted effective March 13, 2017 (44:5 Md. R. 294) Regulation .03A amended effective June 28, 2021 (48:13 Md. R. 508) Regulation .04 adopted effective April 23, 2018 (45:8 Md. R. 422) Chapter revised as an emergency provision effective January 9, 2024 (51:3 Md. R. 153); emergency status expired July 7, 2024; chapter revised permanently effective August 5, 2024 (51:15 Md. R. 710) This chapter governs procedures for disciplinary matters and hearings before the State Board of Environmental Health Specialists. In this chapter, in addition to the definitions set forth in COMAR 10.60.01.01, 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. “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: A licensee to cease a specified activity; or An unlicensed individual to cease the unauthorized practice of an environmental health specialist. “Charging document” means a nonpublic record issued by the Board which: Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Environmental Health Specialists Act; Sets forth provisions of the Maryland Environmental Health Specialists Act that the Board believes were violated; and Provides notice to the licensee of disciplinary proceedings before the Board. “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: Denies a license; Sanctions by reprimand, probation, fine, or suspension or revocation of a license; Summarily suspends a license; Dismisses charges; Surrenders a license; or Takes any other action that the Board may do by law. “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: Letter of education; Letter of admonishment; Cease and desist letter; or Consent agreement. “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 admonishment” means informal action consisting of a nonpublic letter issued by the Board closing a case, if the Board believes a licensee has engaged in conduct that violates the Maryland Environmental Health Specialists Act, admonishing the licensee not to repeat the conduct. “Letter of admonishment” may include an agreement that the licensee perform certain conditions instead of the Board taking formal disciplinary action. “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 conduct rose to the level of a violation of the Maryland Environmental Health Specialist Act; and In which the Board educates the licensee concerning the laws and standards of the practice of environmental health work. Letter of Surrender. “Letter of surrender” means a public letter accepted by the Board in which the licensee agrees to surrender the license to practice environmental health work. “Letter of surrender” may include conditions for the Board's acceptance of the surrender as a resolution of the case. “Licensee” means an individual holding: An active license; A non-renewed license; or An inactive license. “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: A license; A change in licensure status; or Another benefit sought by the licensee. “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: Issue an order for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland; or Take some other action that the Board may by law take. “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: Monitored by the Board for a period of time; and Required to comply with certain conditions to avoid further disciplinary action. “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: Given notice to answer allegations concerning violations of the Maryland Environmental Health Specialists Act; Notified as to a potential emergency suspension under State Government Article, §10-226(c), Annotated Code of Maryland; or Notified as to potential violation of Health Occupations Article, §21-401, Annotated Code of Maryland. “Revocation” means the removal of an environmental health specialist license to practice environmental health. “Sanction” means an action by the Board, including a: Reprimand; Placement on probation; Fine; or Suspension or revocation of a license. “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: A specific period of time; Specific dates; or Specific conditions. “Violation” means an act or omission prohibited under Health Occupations Article, §21-312, Annotated Code of Maryland. Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this regulation. The Office of Administrative Hearings' proceedings involving the adjudication of a Board-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 clients whose medical records or care are reflected in the record of the proceedings. To the extent possible, even after a final order is entered into by the Board, the parties shall refrain from revealing legal documents, oral statements, or information that would reveal the identity of any clients referred to in the Board's order. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings. If the matter goes to a hearing, the respondent shall be represented in proper person or 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, Annotated Code of Maryland. In all proceedings, the Board may be represented by and obtain advice of counsel assigned to it by the Office of the Attorney General. Investigation of Complaints. The Board may: Make a preliminary review of each complaint; and Recommend that cases involving complaints over which the Board lacks jurisdiction be closed. 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. Prosecution of Complaint. After reviewing any completed investigative information or reports for each complaint, the Board shall: Dismiss the complaint; 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, §21-312, Annotated Code of Maryland; 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 Accept the surrender of a license subject to conditions acceptable to the Board. 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. Charges and Notice of Initial Denial. If the Board issues charges or a notice of initial denial, the document shall be: Served upon the respondent by certified mail at the address the respondent is required to maintain with the Board; Hand-delivered in person; or Served by other means reasonable to effect service. 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 Environmental Health Specialists 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 scheduled proceedings or 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 §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. 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: A list of the witnesses to be called; Copies of all documents intended to be produced at the hearing; or Both §D1(a) and (b) 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 §D(2)(a) of this regulation, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert. The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments on 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 §D(2)(a)(ii) of this regulation. 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 prehearing conference, if scheduled; or 15 days before the hearing, if no prehearing conference is scheduled. The prohibition against adding witnesses 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. Case Resolution Conference. 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: Modify a proposed settlement; Require additional conditions; or Reject the recommendation and require the respondent to proceed to a hearing. 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. Surrender of License. The Board may require conditions for surrender of a license, including: An admission of a violation of the Maryland Environmental Health Specialists Act; An 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. 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 on Charges or Notice of Initial Denial. 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: Proposed or final findings of fact; Proposed or final conclusions of law; A proposed sanction; or A combination of §B(5)(a)—(c) of this regulation pursuant to the Board's delegation. Burden of Proof. 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. Exceptions and Exceptions Hearing. 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. 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 answers to exceptions. The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument. The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient progress of the hearing. The respondent and the administrative prosecutor each may not exceed 30 minutes to present oral argument. The party who filed the exceptions shall proceed first and may reserve part of the allotted time for rebuttal. 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. Board Final Decision and Order. 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. Pursuant to its authority 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 may vote to issue: A notice of intent to summarily suspend a license; or An order of summary suspension. 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: A proposed order of summary suspension which is unexecuted by the Board and includes: The statutory authority on which the action has been taken; Allegations of fact that 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 not later than 5 days before a predeprivation show cause hearing is scheduled before the Board. Service of the notice of intent to summarily suspend shall be made: Personally upon the respondent; By certified mail to the address the respondent is required to maintain with the Board; or By 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) and (b) of this regulation, the Board may nevertheless proceed to prosecute the case. Predeprivation Opportunity to Be Heard. 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 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 at the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument. The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. The respondent and the administrative prosecutor may not exceed 30 minutes each 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 duly repetitious, if the presiding Board member believes that such documents or exhibits are necessary for a fair hearing; and May not allow testimony by any witness unless agreed to by the parties and approved by the Board in advance of the hearing. A Board member may be recognized by the presiding member to ask questions of either party appearing before the Board. Summary Suspension Without Prior Notice or Hearing Opportunity. 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; and Prior notice and an opportunity to be heard are not feasible. Time—Service and Hearing. An order of summary suspension under §D(1) of this regulation shall be served upon the respondent within 24 hours after its execution. The respondent shall be provided an opportunity for a hearing before the Board within 15 days after the effective date of the summary suspension. If the respondent requests a hearing under §B(3)(a)(iii) of this regulation, that hearing shall: Be conducted before the Board as provided in §D(2)(b) of this regulation; and Provide the respondent with an opportunity to show cause why the Board should lift the summary suspension and reinstate the license. Burdens of Production and Persuasion. 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. Disposition. 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: Order a summary suspension; Deny the summary suspension; Issue an order agreed upon by the parties; or Issue an 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, the Board may, at the conclusion of the hearing, vote to: Affirm its order of summary suspension; Rescind the order for summary suspension; Issue an order agreed upon by the parties; or Issue an 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 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. Postdeprivation Opportunity for an Evidentiary Hearing. 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: Proposed or final findings of fact; Proposed or final conclusions of law; A proposed disposition; or Any combination of §G(6)(a)—(c) of this regulation, pursuant to 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 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. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including: 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. 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 to lift the probation when: The specific period of time has passed; or The licensee has successfully completed the conditions or acts required for termination. If 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 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. Charges for Violation of Probation. 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: Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated; Allege facts that constitute 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 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. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter. If the Board determines that a respondent has violated probation, the Board shall: 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. An individual whose certificate has been revoked or suspended by the Board, or an individual placed on probation or reprimand under the regulations in this chapter, may appeal the Board’s decision as provided by the law. A licensee or certificate holder shall pay to the Board a penalty imposed under this chapter as of the date the Board’s order is issued, unless the Board’s order specifies otherwise. Filing an appeal under State Government Article, §10–222, Annotated Code of Maryland, or Health Occupations Article, §21–314, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter. If a licensee or certificate holder fails to pay, in whole or in part, a penalty imposed by the Board under this chapter, the Board may, in its discretion, restore, reinstate, or renew a license until the penalty has been paid in full. In its discretion, the Board may refer all cases of delinquent payment to the Central Collections Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment. The Board shall pay all monies collected under this chapter into the State’s General Fund. Reinstatement. 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: File an application for reinstatement with the Board; and Meet the requirements for reinstatement. Notice of Intent to Deny Reinstatement and Hearing Opportunity. 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: Inform the applicant of the legal basis for the Board's belief that the applicant is not qualified for reinstatement, including any applicable statutory provision; Allege any facts the Board believes support 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 scheduled proceedings or to request a hearing. 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. If the Board grants reinstatement of a license, it may impose any restrictions or conditions on the license or the licensee's practice that it considers appropriate. A final order of the Board is subject to judicial review as provided in Health Occupations Article, §21-314 and State Government Article, §10-222, Annotated Code of Maryland. This regulation establishes the standards by which the Board may impose a fine not exceeding $5,000. After a hearing under Health Occupations Article, §21-313, Annotated Code of Maryland, and COMAR 10.60.04, the Board may impose a fine, in addition to, or instead of: Reprimanding a licensee; Placing a licensee on probation; or Suspending or revoking a license. In determining whether to impose a fine and the amount of the fine, the Board shall consider the following factors: 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. An individual shall pay the fine to the Board under the terms of the Board's order. The Board shall pay all monies collected under this chapter to the General Fund of the State. Unless the Board's order provides otherwise, if an individual fails to pay, in whole or in part, a fine imposed by the Board, the Board may not restore, reinstate, or renew the license of the individual until the individual pays the fine in full. The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment. If after a hearing, a licensee is found to have violated any of the provisions of Health Occupations Article, §21-312, Annotated Code of Maryland, the Board shall be entitled to reimbursement of costs by the licensee including any or all of the following items: Services rendered by court reporters; Transcription of the hearing record by court reporters; Expenses related to witnesses appearing for the State; Obtaining or reproducing documents, exhibits, or other evidentiary items; Hearing-related per diems and expenses for Board members; and Other expenses directly related to the investigation and prosecution of the disciplinary action against the licensee. Health Occupations Article, §§21-205, 21-312—21-315, and 21-401; State Government Article, §§10-201—10-226; Annotated Code of Maryland Effective date: Regulations .01—.12 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) Chapter revised effective March 13, 2017 (44:5 Md. R. 294) Regulation .02B amended effective June 28, 2021 (48:13 Md. R. 508) An applicant for a license as an environmental health specialist or a licensee shall: Protect and promote the health and safety of the public and the environment through the advancement of public and environmental health; and Promote environmental health and the related professions through experience and continuing education training. It is unethical for an applicant for a license as an environmental health specialist or a licensee to: Engage in conduct prohibited by Health Occupations Article, §§1-212 and 21-312, Annotated Code of Maryland; Where applicable, engage in conduct prohibited by State Public Ethics Law, State Government Article, §§15-501 — 15-509, Annotated Code of Maryland; Where applicable, engage in conduct prohibited by a county or municipal ethics law adopted pursuant to State Government Article, Title 15, Subtitle 8, Annotated Code of Maryland; Refuse a professional service based on race, creed, color, or national origin; Willfully disregard any observed, known, or continued violation of any federal, State, or local law or regulation regarding public or environmental health; Falsify or misrepresent any qualifications or information required to be set forth in any application for licensure or other submission to the board required under Health Occupations or Health General Articles, Annotated Code of Maryland; Knowingly become involved in an actual or perceived conflict of interest unless: The conflict can be legally waived; and Waiver is obtained in writing from all affected parties; If a conflict of interest arises, fail to disclose the conflict of interest to all affected parties; Accept gifts or gratuities in exchange for preferential regulatory treatment; Offer gifts or gratuities to a regulatory authority with expectation of preferential regulatory treatment; and Disclose confidences or other proprietary information. Health Occupations Article, §§1-212, 21-312, and 21-205, Annotated Code of Maryland Effective date: Regulations .01 and.02 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) This chapter governs an individual licensed as Environmental Health Specialist in the State. All fees are nonrefundable. The examination fee is the cost as established by the examination service. The following fees apply: 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.. Health Occupations Article, §§21-205, 21-206, and 21-309, Annotated Code of Maryland Effective date: Regulation .01 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612) Regulation .01D amended effective November 9, 2015 (42:22 Md. R. 1379); March 13, 2017 (44:5 Md. R. 294), May 1, 2023 (50:8 Md. R. 338) The custodian of the records may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, and may disclose the information if the information concerns: Possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority; A possible violation of law and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to that information relevant to the possible violation by that individual; or Conduct by an individual which the custodian of the records reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges. This chapter does not prohibit or limit the ability of the Board to disclose general licensing information under General Provisions Article, §4-333, Annotated Code of Maryland, or any information that the Board may otherwise disclose by law. General Provisions Article, §4-333; Health Occupations Article, §21-205; Annotated Code of Maryland Effective date: Regulations .01 and .02 adopted as an emergency provision effective January 3, 2013 (40:6 Md. R. 469); adopted permanently effective April 15, 2013 (40:7 Md. R. 612)