Plain Text Law

Title 26 — Subtitle 07. Board of Environmental Sanitarians

Chapter 01. General Regulations

Regulation .01 Definitions.Copy Citation

A.
In this subtitle, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Accredited college or university” means an educational institution in the United States which has been accredited by an accrediting organization or agency that is recognized by the Commission on the Recognition of Post-Secondary Accreditation.
(2)
“Approved experience” means experience which classifies as practice as an environmental sanitarian.
(2-1)
“Approved training” means courses of study or programs of instruction 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 sanitarian and that are approved by the Board in accordance with the requirements of this subtitle.
(3)
“Board” means the State Board of Environmental Sanitarians.
(4)
“Certificate” means any of the following certificates issued by the Board:
(a)
A certificate of eligibility for obtaining employment;
(b)
A sanitarian-in-training certificate; and
(c)
A certificate of eligibility for supervised training.
(5)
Environmental Health Sponsor.
(a)
“Environmental health sponsor” means an individual who is responsible for overseeing the implementation and progress of an applicant's sanitarian-in-training program.
(b)
“Environmental health sponsor” includes:
(i)
A registered environmental sanitarian;
(ii)
An environmental professional or administrator not required to be registered by the Board under Environment Article, §11-301(b), Annotated Code of Maryland; or
(iii)
A supervisor acceptable to the Board.
(6)
“Gross negligence” means action or inaction by a registered environmental sanitarian or applicant for a license that is significantly deficient from the action or inaction expected by the profession under the same circumstances.
(7)
“Hours of approved training” means the value given by the Board for participation in continuing education or experience.
(8)
“Incompetence” means an action or inaction by a registered environmental sanitarian or applicant for a license which demonstrates a general lack of knowledge or ability to practice as an environmental sanitarian.
(9)
“Internship” means a sanitarian-in-training program that:
(a)
Consists of 3 months of approved experience; and
(b)
Has been completed by an individual who has graduated from an accredited college or university with a master's degree in public or environmental health.
(10)
“License” means a license issued by the Board to practice as an environmental sanitarian.
(11)
“License renewal period” means the 24-month period immediately preceding the expiration date of the license.
(12)
Major Component Of Employment.
(a)
“Major component of employment” means a job duty or responsibility that:
(i)
An individual may be reasonably expected to perform;
(ii)
Is identified and listed separately on a position description form such as a Maryland State form MS-22; and
(iii)
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.
(b)
“Major component of employment” does not include a job duty or responsibility identified as “miscellaneous” or “other duties as assigned”.
(13)
“Misconduct” means an action or inaction by a registered environmental sanitarian or applicant for a license that is deficient from the action or inaction expected by the profession under the same circumstances.
(14)
“Paraprofessional personnel, aides, and technicians” means individuals who:
(a)
Perform routine duties at the direction of and under the supervision of registered environmental sanitarians or other professionals; and
(b)
Do not exercise any independent decision making with respect to compliance with public health laws and regulations.
(15)
“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. A person or agency may be admitted as a party for limited purposes.
(16)
“Practice as an environmental sanitarian” 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:
(a)
The manufacture, preparation, handling, distribution, or sale of food and milk;
(b)
Water supply and treatment;
(c)
Wastewater treatment and disposal;
(d)
Solid waste management and disposal;
(e)
Vector control;
(f)
Insect and rodent control;
(g)
Air quality;
(h)
Noise control;
(i)
Product safety;
(j)
Recreational sanitation; and
(k)
Institutional and residential sanitation.
(17)
“Registered environmental sanitarian” means an individual who is licensed by the Board to practice as an environmental sanitarian.
(18)
“Sample” means a portion of a biological, physical, or environmental system removed from the existing entity for the purpose of being submitted to a laboratory for analysis.
(19)
“Sanitarian-in-training” means an individual who meets the educational qualifications set forth in Regulation .03B of this chapter.
(20)
“Sanitarian-in-training program” means a program which provides a sanitarian-in-training with approved experience under the supervision of an environmental health sponsor.
(21)
Seasonal Employee.
(a)
“Seasonal employee” means an individual who is employed to practice as an environmental sanitarian under a sanitarian-in-training certificate who:
(i)
Performs the duties of a sanitarian-in-training on a seasonal basis; and
(ii)
Is employed for a length of time, not to exceed 5 consecutive months, pursuant to a contract of employment.
(b)
A “seasonal employee” is not required to complete the total months of experience in a sanitarian-in-training program as a full-time employee under Regulation .03B of this chapter on a consecutive monthly basis.

Regulation .02 Prohibitions.Copy Citation

A.
An individual may not practice as an environmental sanitarian in the State unless the individual:
(1)
Is licensed by the Board; or
(2)
Is employed under a valid sanitarian-in-training certificate or a certificate of eligibility for supervised training issued by the Board.
B.
An individual may not practice as an environmental sanitarian under a sanitarian-in-training certificate for more than a total of 3 years, unless approved by the Board in accordance with COMAR 26.07.02.05D(3).

Regulation .03 Licensing and Examination.Copy Citation

A.
The Board shall license an applicant if the applicant:
(1)
Qualifies for examination as provided in §B of this regulation;
(2)
Takes and passes the examination;
(3)
Has not committed an act which, under COMAR 26.07.04.01, would subject the applicant to disciplinary action by the Board; and
(4)
Pays the necessary fees.
B.
An applicant is eligible to take the examination if the applicant has satisfied one of the following combinations of education and experience:
(1)
Combination 1:
(a)
Graduated from an accredited college or university with a baccalaureate degree in environmental science or environmental health, and
(b)
Obtained 12 months of experience in a sanitarian-in-training program approved by the Board;
(2)
Combination 2:
(a)
Graduated from an accredited college or university with a baccalaureate degree in the physical, biological or environmental sciences including:
(i)
A minimum of 60 semester credits or the equivalent quarter credits of physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, and biology, and
(ii)
A course in mathematics; and
(b)
Obtained 12 months of experience in a sanitarian-in-training program approved by the Board;
(3)
Combination 3:
(a)
Graduated from an accredited college or university with a baccalaureate degree that includes:
(i)
30 semester credits or the equivalent in quarter credits in the physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, and biology, and
(ii)
A course in mathematics; and
(b)
Obtained 24 months of experience in a sanitarian-in-training program approved by the Board; or
(4)
Combination 4:
(a)
Graduated from an accredited college or university with a master's degree in public or environmental health science that includes:
(i)
30 semester credits or 45 quarter credits of physical, biological, or environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: biology, chemistry, and physics, and
(ii)
A course in mathematics; and
(b)
Completed an internship.

Regulation .04 Waivers.Copy Citation

A.
The Board may waive the examination requirement under Regulation .03 of this chapter if the applicant:
(1)
Is a Diplomate of the American Academy of Sanitarians, or has received an equivalent recognition from a credentialing body which is acceptable to the Board;
(2)
Is licensed to practice as an environmental sanitarian in a state with which the Board has made a reciprocal agreement as described in §C of this regulation; or
(3)
Provides evidence that the applicant has satisfied the education and experience requirements set forth in Regulation .03 of this chapter, and has passed an examination in another state that is substantially equivalent to the Board's examination.
B.
An applicant who satisfies §A of this regulation shall pay to the Board the application and license fees established by COMAR 26.07.02.09 before receiving a license.
C.
The Board may make a reciprocal agreement with any other state to waive the examination requirement for an applicant who is licensed to practice as an environmental sanitarian in that state, if, under the agreement:
(1)
The other state waives the examination requirement for licensed environmental sanitarians of Maryland to a similar extent; and
(2)
Applicants from the reciprocal state satisfy the provisions of §A of this regulation.

Regulation .05 Sanitarian-In-Training Program.Copy Citation

A.
The purpose of a sanitarian-in-training program shall be to prepare the sanitarian-in-training to:
(1)
Perform in a competent manner assigned job duties and responsibilities which constitute practice as an environmental sanitarian; and
(2)
Demonstrate proficiency in all areas of environmental health on a written examination administered by the Board.
B.
At a minimum, a sanitarian-in-training program shall:
(1)
Provide the sanitarian-in-training with approved experience that is in accordance with §D of this regulation and which includes the following:
(a)
Conducting inspections and investigations,
(b)
Collecting and analyzing data,
(c)
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
(d)
Reviewing and approving plans for compliance or process changes;
(2)
Provide the sanitarian-in-training with an opportunity for formal education and training in the study areas identified by the Board under §E of this regulation; and
(3)
Be approved by the Board.
C.
The environmental health sponsor of a Board-approved sanitarian-in-training program shall certify in writing to the Board each major component of employment of the sanitarian-in-training.
D.
Experience Requirements.
(1)
Only approved experience obtained under the direction of the environmental health sponsor shall be credited toward the experience requirements of a sanitarian-in-training program.
(2)
The amount of approved experience required for each sanitarian-in-training program shall be in accordance with Regulation .03B of this chapter.
(3)
The Board may approve, as part of an internship program, experience that was obtained to satisfy the degree requirements of an academic institution.
(4)
Approved experience shall be credited to a sanitarian-in-training program as follows:
(a)
12 months of experience shall equal 12 calendar months of full-time employment of at least 40 hours per week; and
(b)
Experience gained at rates other than those in §D(4)(a) of this regulation shall be credited on a prorated basis.
(5)
Except as provided in §D(3) of this regulation, approved experience does not include:
(a)
Experience obtained to satisfy the degree requirements of an academic institution;
(b)
Experience gained at the rate of less than 2 months per calendar year; or
(c)
Experience obtained during a time period in which the sanitarian-in-training's job performance has been rated as unsatisfactory in writing by that individual's supervisor.
E.
Training and Education.
(1)
The Board shall identify each of the study areas on the license examination and the approximate number of questions that the examination contains for each area.
(2)
The Board shall, upon request, classify approved training into the study areas identified under §E(1) of this regulation.

Chapter 02. Licensing Procedures and Fees

Regulation .01 Application Procedure.Copy Citation

A.
A person applying for a license or certificate of eligibility shall:
(1)
Submit the appropriate application in writing on a form provided by the Board;
(2)
Pay the application fee established by Regulation .09 of this chapter;
(3)
Have official transcripts of all baccalaureate and post-baccalaureate studies submitted in accordance with §B of this regulation; and
(4)
Have verification of previous experience, if applicable, submitted in accordance with §C of this regulation.
B.
Transcripts.
(1)
Official transcripts of all baccalaureate and post-baccalaureate studies shall be submitted directly to the Board from the appropriate educational institutions.
(2)
If official transcripts are not available, the Board may accept other evidence certifying successful completion of course work considered equivalent by the Board.
(3)
A graduate of an educational institution that is not an accredited college or university shall provide written documentation from an evaluation service, or other source acceptable to the Board, which:
(a)
States that the institution's program of study is substantially equivalent to that of accredited colleges or universities; and
(b)
Shows that the course work completed by the applicant satisfies the requirements of COMAR 26.07.01.03B.
C.
An applicant for a license who claims experience as an environmental sanitarian shall have three reference letters submitted directly to the Board from the applicant's current or former employers or supervisors describing the nature and duration of the applicant's experience.

Regulation .02 Incomplete Application.Copy Citation

A.
The Board may not take any action on an incomplete application.
B.
An application is not complete until all required material, including the fee and supporting documentation, has been received by the Board.
C.
An incomplete application shall be held for 1 year from the date of initial receipt, after which the application is invalid.

Regulation .03 Action on an Application.Copy Citation

A.
Notification to Applicant. Following its review of the application, the Board shall notify the applicant in writing that the applicant:
(1)
Qualifies for a license under COMAR 26.07.01.03 or .04;
(2)
Qualifies for examination or a certificate of eligibility under COMAR 26.07.01.03;
(3)
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
(4)
Shall provide the Board with additional information before the Board can complete its review of the application.
B.
Payment of License Fee.
(1)
Following notification of license approval, the applicant shall pay to the Board the licensing fee established in Regulation .09 of this chapter.
(2)
The license may not be issued until the fee is paid to the Board.
C.
Denial of an Application.
(1)
The Board shall deny an application if the Board determines that the applicant:
(a)
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
(b)
Has committed any act which, under COMAR 26.07.04.01, would subject the licensee to disciplinary action by the Board.
(2)
If the Board denies an application, the Board shall:
(a)
Notify the applicant by certified mail of the reasons for denial;
(b)
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
(c)
Follow the procedures set forth in COMAR 26.07.04 if the application was denied under §C(1)(b) of this regulation.
D.
Reconsideration.
(1)
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.
(2)
Requests for reconsideration under §D(1) of this regulation shall be based upon one or more of the following grounds:
(a)
Clerical errors in the minutes, decisions, or other parts of the record related to the denial;
(b)
Mistake of fact or law by the Board;
(c)
Irregularity in the administrative proceedings related to, or in the consideration of, the application;
(d)
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.
(3)
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.

Regulation .04 Examination.Copy Citation

A.
The Board shall offer written examinations at least three times a year.
B.
The examination shall be standardized and prepared by a recognized examination service.
C.
The passing score for the examination is 70 percent.
D.
An applicant who has not previously taken the written examination is permitted to sit for an examination if the applicant has:
(1)
Met the education and experience requirements set forth in COMAR 26.07.01.03;
(2)
Submitted an application for examination to the Board at least 21 days before the examination date; and
(3)
Paid an examination fee as established by Regulation .09E of this chapter.
E.
Except as provided in §F of this regulation, an applicant who fails the examination may apply for reexamination if the applicant submits an application in accordance with §D(2) and (3) of this regulation.
F.
An applicant who has failed the examination three times is not permitted to sit for reexamination unless the applicant has:
(1)
Completed additional training in accordance with a plan approved by the Board; and
(2)
Submitted an application for examination in accordance with §D(2) and (3) of this regulation.

Regulation .05 Certificates.Copy Citation

A.
Certificate of Eligibility for Obtaining Employment.
(1)
The Board shall issue a certificate of eligibility for obtaining employment to an applicant who:
(a)
Meets the educational requirements set forth in COMAR 26.07.01.03;
(b)
Has submitted an application in accordance with Regulation .01 of this chapter;
(c)
Is not currently practicing as an environmental sanitarian in Maryland; and
(d)
Has not previously completed a sanitarian-in-training program under a sanitarian-in-training certificate or a certificate of eligibility for supervised training from the Board.
(2)
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:
(a)
Submits a request for renewal on a form provided by the Board; and
(b)
Forwards the form to the Board together with the renewal fee established by Regulation .09 of this chapter.
B.
Sanitarian-In-Training Certificates.
(1)
The Board shall issue a sanitarian-in-training certificate to an applicant who has been employed to practice as an environmental sanitarian under a certificate of eligibility for obtaining employment issued by the Board, if the applicant:
(a)
Has returned a completed certificate of eligibility for obtaining employment to the Board;
(b)
Is participating in a sanitarian-in-training program approved by the Board.
(2)
The sanitarian-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 §D(3) of this regulation.
C.
Active Certificates of Eligibility for Supervised Training.
(1)
The Board shall replace a certificate of eligibility for supervised training with a sanitarian-in-training certificate if:
(a)
The certificate of eligibility for supervised training expires after the effective date of these regulations; and
(b)
The certificate holder is employed to practice as an environmental sanitarian.
(2)
A sanitarian-in-training certificate issued under §C(1) of this regulation expires 36 months after the date that the certificate holder began the period of supervised training.
D.
Expired Certificates of Eligibility for Supervised Training.
(1)
The Board shall issue a sanitarian-in-training certificate to an individual who holds a certificate of eligibility for supervised training that expired before the effective date of these regulations if the certificate holder:
(a)
Is employed to practice as an environmental sanitarian; and
(b)
Applies to the Board on a form supplied by the Board.
(2)
A sanitarian-in-training certificate issued under §D(1) of this regulation expires 12 months after its issuance date.
(3)
Upon a written request from the holder of a sanitarian-in-training certificate, the Board may extend a sanitarian-in-training certificate for up to 6 months due to physical incapacitation of the sanitarian-in-training or for other reasons acceptable to the Board.
(4)
If the holder of a sanitarian-in-training certificate is employed on a seasonal basis, the Board, upon written request from the holder of the sanitarian-in-training certificate, may extend the certificate for the number of months necessary to complete the sanitarian-in-training program under COMAR 26.07.01.05.

Regulation .06 Renewal of Licenses.Copy Citation

A.
Conditions for License Renewal.
(1)
The Board shall renew a license for a 2-year period if the licensee has:
(a)
Submitted an application for renewal to the Board before the expiration date of the license;
(b)
Paid the renewal fee established by Regulation .09 of this chapter;
(c)
Submitted satisfactory proof to the Board that the licensee has completed at least 20 clock hours of Board-approved training obtained during the 2-year period before the license expiration date; and
(d)
Not committed any act which, under COMAR 26.07.04.01, would subject the licensee to disciplinary action by the Board.
(2)
The Board may deny the application to renew a license if the applicant has failed to satisfy the requirements of §A(1) of this regulation.
B.
Renewal Notification.
(1)
Before the expiration of a license, the Board shall notify the licensee of the need to renew the license.
(2)
The failure of a licensee to receive a renewal notice does not relieve the licensee of the obligation to renew the license and does not affect the expiration of the license.
C.
Late Renewal. A license holder may apply for late renewal of a license by submitting the following to the Board within 30 days after the expiration date of the license:
(1)
A written request for renewal on a form provided by the Board;
(2)
Documentation that the applicant has satisfied the training requirement set forth in §A of this regulation; and
(3)
Payment of the license renewal fee and the late renewal fee established by Regulation .09 of this chapter.

Regulation .07 Duplicate License.Copy Citation

A licensee may obtain a duplicate license to replace a license that has been lost, destroyed, or mutilated if the licensee:
A.
Makes a written request to the Board that states the reason for requesting a duplicate license; and
B.
Pays to the Board the duplicate license fee established by Regulation .09 of this chapter.

Regulation .08 Reinstatement.Copy Citation

The Board shall reinstate the license of an environmental sanitarian who has failed to renew the license for any reason, if the environmental sanitarian:
A.
Applies for reinstatement;
B.
Demonstrates that the environmental sanitarian has completed at least 10 clock hours of Board-approved training for each year since the individual's license was last renewed;
C.
Pays to the Board:
(1)
All lapsed renewal fees, and
(2)
The reinstatement fee established by Regulation .09 of this chapter; and
D.
Has not committed any act which, under COMAR 26.07.04.01, would subject the applicant to disciplinary action by the Board.

Regulation .09 Payment of Fees.Copy Citation

A.
Payment of fees under this regulation shall be in the form of a personal check, cashier's check, or money order, made payable to the Board of Environmental Sanitarians.
B.
Fees shall accompany the completed application form for certificate issuance, examination, license issuance, license renewal, late license renewal, or license reinstatement.
C.
All fees are nonrefundable.
D.
The examination fee is the cost as established by the examination service.
E.
The following fees apply:
(1)
Application for license or certificate of eligibility for obtaining employment ... $50;
(2)
12-month renewal of certificate of eligibility for obtaining employment ... $25;
(3)
Application for licensure by reciprocity ... $50;
(4)
License approval and issuance ... $50;
(5)
Biennial license renewal ... $100;
(6)
Late renewal of biennial license (in addition to required license renewal fee) ... $50;
(7)
Reinstatement of license (in addition to required license renewal fee) ... $100;
(8)
Returned check charge (plus bank charges) ... $25;
(9)
Replacement of license ... $25;
(10)
Examination score verification ... $25;
(11)
Copy of roster of current license holders ... $25.

Chapter 03. Approved Training

Regulation .01 Approval of Training.Copy Citation

A.
Board-approved training shall be designed to improve, advance, or extend professional skill and knowledge relating to the practice of an environmental sanitarian.
B.
For courses for which continuing education units (CEUs) have been assigned, one CEU is equivalent to 10 clock or classroom hours of approved training.
C.
Board-approved training may consist of participation in any of the following:
(1)
College-level or post-graduate course work given by an accredited college or university;
(2)
Courses, seminars, workshops, or lectures;
(3)
Extension studies and correspondence courses, if there is satisfactory proof of completion, acceptable to the Board;
(4)
In-service training, if there is satisfactory proof of completion;
(5)
Papers published in professional journals and requiring peer review;
(6)
Instruction of approved training courses, with up to 10 hours in approved training courses per renewal period accepted.
D.
Approved Training Log. The Board will maintain a current list of all training that has been approved by the Board and that listing is to be called the Approved Training Log.
E.
Assignment of Credit.
(1)
The Board will determine the hours of approved training as follows:
(a)
For courses given in educational institutions, 1 hour of approved training is equivalent to 1 hour of classroom training;
(b)
Credit hours for training such as correspondence courses and extension studies and papers shall be determined by the Board on a case-by-case basis.
(2)
Approved training obtained within the appropriate license renewal period shall be credited.
(3)
Credit shall be received for other training approved by the Board on a case-by-case basis.
F.
Procedures. The sponsor of a training course or licensee may request of the Board approval of training on a form provided by the Board.

Regulation .02 Proof of Training.Copy Citation

A.
Each registered environmental sanitarian shall be responsible for the submission of proof of all approved training to the Board.
B.
Proof of training consists of:
(1)
Official transcripts from the educational institution;
(2)
A certificate or other documentation signed by the instructor or sponsor of the training, attesting to the satisfactory completion of the training;
(3)
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 applicant.

Chapter 04. Basis for Disciplinary Action

Regulation .01 Denials, Reprimands, Suspensions, and Revocation.Copy Citation

Subject to the hearing provision of Environment Article, §11-315, Annotated Code of Maryland, the Board, on the affirmative vote of a majority of its full authorized membership, may deny any applicant licensure, reprimand any licensee, or suspend or revoke a license, if the applicant or licensee:
A.
Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;
B.
Fraudulently or deceptively uses a license;
C.
Knowingly violates a provision of Environment Article, Title 11, Annotated Code of Maryland or a regulation under this subtitle;
D.
Commits any gross negligence, incompetence or misconduct while performing the duties of an environmental sanitarian;
E.
Is convicted of or pleads guilty to or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to the conviction or plea set aside;
F.
Provides professional services while:
(1)
Under the influence of alcohol, or
(2)
Using any narcotic or controlled dangerous substance, as defined in the Criminal Law Article, Annotated Code of Maryland, or other drug that is in excess of therapeutic amounts or without valid medical indication;
G.
Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country of an act that would be grounds for disciplinary action under the Board's disciplinary statutes;
H.
Willfully makes or files a false report or record, while performing the duties of an environmental sanitarian;
I.
Willfully fails to file or record a report as required by law, willfully impedes or obstructs the filing or recording or induces another to fail to file or record the report;
J.
Submits a false statement to collect a fee;
K.
Promotes the sale of land, devices, appliances, or goods provided for a person in such a manner as to exploit the person for financial gain of the registered environmental sanitarian;
L.
Willfully alters a sample, or any test procedure to cause the results upon analysis to represent a false finding;
M.
Violates any rule or regulation adopted by the Board;
N.
Uses or promotes or causes the use of misleading, deceiving, untruthful advertising matter, promotional literature, or testimonial; or
O.
Is professionally, physically, or mentally incompetent.

Regulation .02 Hearing Procedures.Copy Citation

A.
Notice of Hearing.
(1)
All interested parties shall be afforded an opportunity to be present at formal hearings.
(2)
Written notice of the hearing shall be sent by the Secretary of the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time and place of the hearing and shall also state the issues or charges involved in the proceeding.
(3)
If by reason of the nature of the proceeding, the issues cannot be fully stated in advance of the hearing , or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable.
B.
Pre-hearing Conferences. The Board may set pre-hearing conferences as it considers appropriate.
C.
Parties and Representation. All parties shall have the right to be accompanied, represented, and advised by counsel.
D.
Records and Transcript.
(1)
The Board shall prepare an official record, which shall include all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.
(2)
Unless waived by all parties, a stenographic record of the proceedings shall be made at the expense of the Board.
(3)
This record need not be transcribed unless requested by a party or by the Board. The cost of typewritten transcripts of a proceeding, or part of a proceeding, shall be paid by the party requesting the transcript.
E.
Presiding Officer Duties.
(1)
Hearings shall be held before a quorum of the Board.
(2)
The Chairman, or in the Chairman's absence a member designated by the Chairman, shall be the presiding officer, and shall have complete charge of the hearing, permit the examination of witnesses, admit evidence, rule on the admissibility of evidence, and adjourn or recess the hearing from time to time.
F.
Order of Procedure. The order in which the parties shall present their case shall be determined by the presiding officer.
G.
Examination of Witnesses and Introduction of Evidence.
(1)
The rules of evidence in all hearings under these regulations are set forth in State Government Article, §10-208, Annotated Code of Maryland.
(2)
A party may submit evidence, examine and cross-examine witnesses, and file objections, exceptions, and motions.
(3)
When a party is represented by counsel, all submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by the counsel.
(4)
The presiding officer:
(a)
May examine a witness called by another party; and
(b)
May call as a witness a person in attendance at the hearing.
(5)
A member of the Board may examine a witness called by another party.
H.
Briefs.
(1)
A party may 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 that the presiding officer designates.
I.
Request for Office of the Attorney General Counsel.
(1)
The presiding officer may request the Office of the Attorney General to participate in a hearing as counsel for the Board.
(2)
The counsel shall have all of the rights as counsel for a party with regard to the:
(a)
Submission of evidence;
(b)
Examination and cross-examination of witnesses; and
(c)
Filing of objections, exceptions, and motions.
J.
Decision and Order.
(1)
Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law.
(2)
Findings of fact shall consist of a concise statement of the conclusions 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 attorney of record.
K.
Re-Hearing.
(1)
A party aggrieved by the decision and order rendered in the particular case may apply for re-hearing within 10 days after notification of the decision and order.
(2)
Action on the application shall lie in the discretion of the Board.
(3)
Unless otherwise ordered, neither the re-hearing nor the application for rehearing shall stay the enforcement of the order or excuse the persons affected by it for failure to comply with its terms.
(4)
The Board may on re-hearing consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify their original order.

Chapter 05. Code of Ethics

Regulation .01 Ethical Conduct.Copy Citation

An applicant for a license as an environmental sanitarian or a licensee shall:
A.
Protect and promote the health and safety of the public and the environment through the advancement of public and environmental health; and
B.
Promote environmental health and the related professions through experience and continuing education training.

Regulation .02 Unethical Conduct.Copy Citation

It is unethical for an applicant for a license as an environmental sanitarian or a licensee to:
A.
Engage in conduct prohibited by Environment Article, §11-312(b), Annotated Code of Maryland, or COMAR 26.07.04.01;
B.
Where applicable, engage in conduct prohibited by State Public Ethics Law, State Government Article, §§15-501—15-509, Annotated Code of Maryland;
C.
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;
D.
Refuse a professional service based on race, creed, color, or national origin;
E.
Willfully disregard any observed, known, or continued violation of any federal, State, or local law or regulation regarding public or environmental health;
F.
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 Environmental Article, Title 11, Annotated Code of Maryland;
G.
Knowingly become involved in an actual or perceived conflict of interest unless:
(1)
The conflict can be legally waived; and
(2)
Waiver is obtained in writing from all affected parties;
H.
If a conflict of interest arises, fail to disclose the conflict of interest to all affected parties;
I.
Accept gifts or gratuities in exchange for preferential regulatory treatment;
J.
Offer gifts or gratuities to a regulatory authority with expectation of preferential regulatory treatment; and
K.
Disclose confidences or other proprietary information.