Regulation .04 Referral of Decision or Action for Review.
Regulation .04 Referral of Decision or Action for Review.LinkCopy Citation
A.
A board or commission shall refer a decision or action to the Office as required by Health Occupations Article, §1-203, Annotated Code of Maryland, and this chapter.
B.
Boards and commissions may not refer decisions or actions that consist of the following:
(1)
Ministerial acts;
(2)
The internal operations of a board or commission;
(3)
Investigations;
(4)
Disciplinary charges that have not led to proposed disciplinary action; and
(5)
As it relates to an individual regulated by a board or commission:
(a)
Consent orders; and
(b)
Letters of surrender.
C.
A board or commission may initiate a referral to the Office by transmitting a form substantially similar to that in Appendix A of this chapter.
D.
A board or commission may request expedited review by the Office by including the phrase “EXPEDITED REVIEW REQUESTED” on the transmittal form.
E.
A request for expedited review by the Office shall be granted if:
(1)
The board or commission establishes that immediate action is necessary to protect public health and safety;
(2)
The decision or action involves a cease and desist order; or
(3)
The decision or action of the board or commission involves the summary suspension of a license.
F.
The board or commission may withdraw the referral to the Office at any time before the decision is issued.
G.
Computation of time is governed by COMAR 28.02.01.04C.