# COMAR Title 26 — Department of the Environment

## Subtitle 07 — Board of Environmental Sanitarians

### Chapter 04 — Basis for Disciplinary Action

**Authority:** Environment Article, §§11-314 and 11-315, Annotated Code of Maryland

**Administrative History:** Effective date: September 8, 1986 (13:18 Md. R. 2021)

**Administrative History:** Chapter recodified from COMAR 10.55.04 to COMAR 26.07.04

#### Regulation .01 Denials, Reprimands, Suspensions, and Revocation.

*COMAR 26.07.04.01*

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.

*COMAR 26.07.04.02*

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.