Chapter 04. Basis for Disciplinary Action
Regulation .01 Denials, Reprimands, Suspension, and Revocation.LinkCopy Citation
A.
Mandatory Action. Subject to the hearing provisions of Environment Article, §13-311, Annotated Code of Maryland, the Board shall suspend or revoke a license if the licensee:
(1)
Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another;
(2)
Fraudulently or deceptively uses a license; or
(3)
Is guilty of gross negligence, incompetence, or misconduct while practicing well drilling.
B.
Denial. Subject to the hearing provisions of Environment Article, §13-311, Annotated Code of Maryland, the Board may deny a license to any applicant on any of the grounds specified in §A, of this regulation.
C.
Discretionary Action. Subject to the hearing provisions of Environment Article, §13-311, Annotated Code of Maryland, the Board may deny a license to any applicant, reprimand a licensee, or suspend or revoke a license if the Board finds that the applicant or licensee has:
(1)
Violated any law, rule, or regulation that applies to practicing well drilling; or
(2)
Been disciplined by a licensing or disciplinary authority of any other state or county, or been convicted or disciplined by a court of any state or county, for an act that would be grounds for disciplinary action under this chapter.
Regulation .02 Complaints.LinkCopy Citation
A.
A person may file a complaint with the Board alleging that a licensee or an applicant for a license has violated the provisions of this chapter. Complaints should be in writing and state in detail those facts related to the alleged violation. On receipt of a written complaint or on its own motion, the Board shall cause an investigation to be conducted of each allegation of an act prohibited by this chapter to determine whether formal action will be taken against the licensee or applicant. A person who filed a complaint shall be informed of the action taken or to be taken.
B.
The Board does not normally investigate complaints or take any action against a licensee or applicant for alleged actions that occurred 3 or more years before the date the complaint is received by the Board. In unusual circumstances, such as in cases involving allegations of fraud, the Board may investigate and take action against a licensee for actions that occurred more than 3 years before a complaint is received by the Board.
Regulation .03 Procedures for Disciplinary Action.LinkCopy Citation
A.
Right to Hearing.
(1)
Before taking any action pursuant to Regulation .01 of this chapter, the Board shall give the licensee against whom the action is contemplated an opportunity for a hearing before the Board.
(2)
Notice.
(a)
The hearing notice shall be served personally or sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the licensee at least 30 days before the hearing.
(b)
The notice shall:
(i)
State the time, place, and nature of the hearing;
(ii)
State the authority of the agency to hold the hearing;
(iii)
Cite the specific section of each statute and regulation, including a procedural regulation, that is pertinent;
(iv)
State concisely and simply the facts that are asserted, or if the facts cannot be stated in detail when the notice is given, the issues that are involved; and
(v)
State the time, date, and place of any prehearing conference.
(c)
If, after due notice is given pursuant to §A(2)(a), of this regulation, the licensee against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
B.
Prehearing Conference.
(1)
At the discretion of the Board or at the request of a party, the Board may set a prehearing conference to be held at least 1 week in advance of the scheduled hearing.
(2)
At the prehearing conference, the parties shall be prepared to:
(a)
Designate the witness they expect to call;
(b)
Disclose the physical evidence they will present at the hearing;
(c)
Reach agreement on undisputed matters; and
(d)
Discuss settlement possibilities.
C.
Hearing Procedures.
(1)
The licensee may be represented by counsel at the hearing.
(2)
Hearings shall be held before a quorum of the Board.
(3)
The chairman, or in the chairman's absence the chairman's designee, shall:
(a)
Conduct the hearing;
(b)
Determine the order in which the case is to be presented;
(c)
Rule on the advisability of evidence;
(d)
Adjourn;
(e)
Recess the hearing from time to time; and
(f)
Call any person to testify as the chairman or any member of the Board deems appropriate.
(4)
Members of the Board may examine any witness.
(5)
The Board's counsel has all the rights as counsel to a party.
(6)
The rules of evidence in all hearings under these regulations are set forth in State Government Article, §10-208 and
10-209, Annotated Code of Maryland.
10-209, Annotated Code of Maryland.
D.
Briefs.
(1)
A party may, and on request of the Board shall, submit briefs of the issues of fact and law involved in the hearing.
(2)
The briefs shall be filed in the form, with the number of copies, and at the time the presiding officer designates.
E.
Decision and Order.
(1)
Each decision and order rendered by the Board shall be in writing and accompanied by findings of fact and conclusion of law.
(2)
Findings of fact consist of a concise statement of the conclusion upon each contested issue of fact.
(3)
A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or the party's attorney of record.
F.
Rehearing.
(1)
A party aggrieved by the decision and order rendered in a particular case may apply for rehearing for good cause shown within 10 days after notification of the decision and order. The determination of whether good cause for a rehearing has been shown is in the Board's sole discretion, subject to the provision of §G, of this regulation.
(2)
Unless otherwise ordered, neither the rehearing nor the application for rehearing stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms.
G.
Judicial Review. A party aggrieved by the final decision in a contested case, whether the party has applied for a rehearing, is entitled to judicial review in accordance with State Government Article, §10-215, Annotated Code of Maryland.
Chapter annotations
Authority: Environment Article, §13-101 et seq., Annotated Code of Maryland
History: Effective date: December 24, 1990 (17:25 Md. R. 2910)