Chapter 04. Enforcement of Certification
Regulation .01 Monitoring and Enforcement of Terms and Conditions.LinkCopy Citation
A.
The Board shall enter into agreements with the Department or other appropriate governmental agencies for the monitoring of compliance with the terms and conditions of any certificate. Evidence of violations received by the Board shall be referred to the appropriate enforcement agency.
B.
In the certificate, the Board shall, to the extent feasible, identify the agency or agencies responsible for monitoring and enforcement activities.
Regulation .02 Revocation of Certificate.LinkCopy Citation
A.
It shall be the policy of the Board that reasonable efforts shall be made to resolve complaints or violations in a manner which encourages voluntary compliance and full cooperation with all parties. However, if the frequency, pattern, or type of complaint or violation is of serious concern to the Board, or upon the request of any appropriate federal, State, or local government or agency, the Board may revoke a certificate.
B.
The revocation process shall include the following procedural elements:
(1)
The Board shall notify the certificate holder of its concern by certified mail. The notice shall state that the Board is considering possible revocation proceedings and shall direct that the certificate holder show cause why these proceedings should not be initiated. The certificate holder shall have 15 calendar days from receipt of the letter to respond.
(2)
Upon receipt of the response from the certificate holder or if no response is given, the Board may decide to:
(a)
Take no further action;
(b)
Hold an adjudicatory hearing pursuant to the requirements of the Administrative Procedure Act to consider revocation of the certificate or imposition of additional terms or conditions on the certificate holder.
Regulation .03 Renewal of Certificate.LinkCopy Citation
A.
A certificate which contains a time limit on the life of the certificate shall be renewed by the Board for an appropriate term after the following:
(1)
A public hearing is conducted at which the applicant and public may present evidence and testimony concerning the renewal.
(2)
A review is conducted by the Board which includes consideration of the:
(a)
Continued need for the facility;
(b)
Quality of operation of the facility; and
(c)
Compliance with the conditions of the certificate.
B.
The Board may renew the certificate without change or may amend the certificate as appropriate.
C.
The Board may not revoke or refuse to renew the certificate unless the procedure for revocation in Regulation .02 is followed.
Chapter annotations
Authority: Natural Resources Article, §3-704, Annotated Code of Maryland
History: Effective date: May 29, 1981 (8:11 Md. R. 976)