# COMAR Title 28 — Office of Administrative Hearings

## Subtitle 04 — Review of Decisions and Actions of Health Occupations Boards and Commissions

### Chapter 01 — Referrals

#### Regulation .04 Referral of Decision or Action for Review.

*COMAR 28.04.01.04*

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.