This chapter governs summary procedures for suspending an EMS provider license or certificate to protect the public health, safety, or welfare. State Government Article, §10-226(c), Annotated Code of Maryland, governs summary suspension of a license or certificate. If the incident review committee finds, based on information gathered during an investigation, that the public health, safety, or welfare imperatively requires emergency action pending further action under COMAR 30.02.05: The incident review committee shall notify the chair of the provider review panel, the State EMS Medical Director, the Executive Director of MIEMSS, and the Chair of the EMS Board, or their designees, of that finding on an expedited basis; and Upon the recommendation of the Chair of the provider review panel or the Chair's designee and the recommendation of the State EMS Medical Director or the Director's designee and upon any further inquiry as they may require, the license or certification of an EMS provider may be summarily suspended pending further action under COMAR 30.02.05. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee shall issue a written summary suspension notice to the respondent that: Includes the proposed summary suspension order which shall state the: Statutory and regulatory authority upon which it is based, Facts upon which it is based, and Summary action which is to be taken; Provides the respondent the right to show cause why the proposed summary suspension order should not be issued; Advises the respondent of the right: To a summary suspension hearing within 5 business days of receipt of the summary suspension notice and how to request a hearing, To a full evidentiary hearing to review any summary suspension which is ordered following a summary suspension hearing and how to request a hearing, To review by a circuit court if the respondent has exhausted the administrative remedies provided in this regulation, To representation by counsel, To call witnesses and submit documents under State Government Article, §10-213(f), Annotated Code of Maryland, To subpoena witnesses and other evidence subject to payment of the actual cost of service, and Of the parties to agree on the evidence and waive the right to appear at the hearing; Advises the respondent that if a summary suspension hearing is not requested or if a hearing is requested and the respondent does not appear, the summary suspension will be entered as provided in the proposed summary suspension order and will be final and binding until further action by the EMS Board under COMAR 30.02.05; and Provides further information as required by State Government Article, §10-207, Annotated Code of Maryland. Service of the summary suspension notice and proposed summary suspension order shall be by personal delivery. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee, after consultation with the EMS Board's counsel, may order immediate suspension of a license or certification before notice and the opportunity for a hearing if: They determine that the health, safety, and welfare of the public or the respondent imperatively requires immediate suspension; The respondent is provided the opportunity for a summary suspension hearing within 5 business days of notice of the summary suspension; and Notice of the summary suspension and the summary suspension order is served on the respondent as soon as reasonably practical. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee may issue an order that suspends the respondent's license or certification pending further action by the EMS Board under COMAR 30.02.05. The order shall include the: Statutory and regulatory authority upon which it is based; Facts upon which it is based; and Summary action which has been taken. The Executive Director of MIEMSS or the Director's designee and the Chair of the EMS Board or the Chair's designee shall then issue a written summary suspension notice to the respondent that: Includes a copy of the order for summary suspension; Provides the respondent the right to show cause why the summary suspension order should be rescinded; Advises the respondent of the right: To a summary suspension hearing within 5 business days of receipt of the summary suspension notice and how to request a hearing, To a full evidentiary hearing to review any summary suspension which is ordered or reaffirmed following a summary suspension hearing and how to request a hearing, To review by a circuit court if the respondent has exhausted the administrative remedies provided in this regulation, To representation by counsel, To call witnesses and submit documents under State Government Article, §10-213(f), Annotated Code of Maryland, To subpoena witnesses and other evidence subject to payment of the actual cost of service, and Of the parties to agree on the evidence and waive the right to appear at the hearing; Advises the respondent that if a summary suspension hearing is not requested or if a hearing is requested and the respondent does not appear, the summary suspension order will be final and binding until further action by the EMS Board under COMAR 30.02.05; and Provides further information as required by State Government Article, §10-207, Annotated Code of Maryland. Service of the summary suspension notice and order shall be as soon as reasonably practical by personal delivery. The respondent may appear in proper person or be represented by counsel admitted to practice in Maryland in any matter before the EMS Board and during any stage of the proceedings. An assistant attorney general shall present the case. If a respondent requests a summary suspension hearing, the hearing shall be held within 5 business days of the receipt of the summary suspension notice by the respondent unless all parties agree to a later hearing date. The Executive Director of MIEMSS shall give all parties notice of the summary suspension hearing date and other information as required by State Government Article, §10-208, Annotated Code of Maryland. The summary suspension hearing shall be conducted by: The Executive Director of MIEMSS or in the absence of the Executive Director of MIEMSS, the State EMS Medical Director; or in the absence of both the Executive Medical Director of MIEMSS and the State EMS Medical Director, the administrative officer of MIEMSS; and The Chair of the EMS Board or, in the absence of the Chair of the EMS Board, some other member of the EMS Board. Unless otherwise ordered by the individuals conducting the summary suspension hearing, the presentation of each side shall be limited to 30 minutes. Oral presentation and documents shall be relevant and not unduly repetitious. The individuals conducting the summary suspension hearing may question the parties and any witnesses. After the hearing the individuals conducting the summary suspension hearing shall: Order or reaffirm a summary suspension if it is established by a preponderance of the evidence that the health, safety, and welfare of the public imperatively requires that the provider's license or certificate be suspended; Deny or rescind a summary suspension; Enter any order to which the parties may agree; or Enter an interim order as the circumstances may warrant. Copies of the action taken shall be served on all parties by certified and regular mail at their addresses of record. If certified mail is twice returned unclaimed, service may be effected by delivery to each of the provider's affiliations of record shown on the records of MIEMSS. All records, files, and other documents exchanged between parties in the course of a summary suspension hearing and preparation for a summary suspension hearing are considered subject to a confidentiality order prohibiting disclosure to anyone except the parties and their counsels of record unless otherwise agreed in writing by the parties. A respondent who has requested a summary suspension hearing may, within 10 days of the issuance of a summary suspension order or order reaffirming a summary suspension, request a full evidentiary hearing. At least 6 members of the EMS Board shall be present for a full evidentiary hearing before the EMS Board. If a full evidentiary hearing is requested, the EMS Board, if it so elects, may expedite the pending proceeding under COMAR 30.02.05 so that the hearing under COMAR 30.02.05.07 is combined with the full evidentiary hearing on the summary suspension order. The EMS Board may issue a final decision on the merits. If a full evidentiary hearing is requested by the respondent, the EMS Board shall give all parties notice of the hearing date and other information as required by State Government Article, §10-208, Annotated Code of Maryland. The notice shall also state whether the EMS Board has expedited the COMAR 30.02.05.07 hearing so that the matter is finally resolved with a single EMS Board hearing if the EMS Board has so elected. The full evidentiary hearing is conducted under COMAR 30.02.06, except that the provisions of this chapter govern if there is any conflict between this chapter and COMAR 30.20.06. The full evidentiary hearing shall take place within 60 days of the request for a full evidentiary hearing unless the parties agree to a later date. The EMS Board may delegate the full evidentiary hearing to the Office of Administrative Hearings by written notice to the respondent within 10 days of the respondent's request for an evidentiary hearing. If the full evidentiary hearing is before the Office of Administrative Hearings, after the hearing, the administrative law judge shall provide the EMS Board with proposed findings of fact and conclusions of law and a proposed disposition. The EMS Board is the final decision maker and is not bound by the proposed decision of the administrative law judge. Upon receipt of the decision of the administrative law judge and upon the conclusion of the exception process provided in COMAR 30.02.06.22, if any exceptions are filed, or, if the hearing is before the EMS Board, upon the conclusion of the hearing before the EMS Board, the EMS Board shall issue a final decision based on its findings of fact and conclusions of law which shall be served on the respondent by certified and regular mail. Within 30 days of the final decision of the EMS Board, either party may file a motion for reconsideration which is granted at the EMS Board's discretion. There is no automatic right to a reconsideration hearing before the Board. The EMS Board may or may not ask for a response from the opposing party. If a party moves for reconsideration, the time for seeking judicial review of the EMS Board's final decision is calculated from the date the EMS Board rules on the reconsideration motion. The EMS Board shall rule promptly on a motion for reconsideration. A respondent who has exhausted the administrative remedies under this chapter may seek judicial review of EMS Board action under State Government Article, §10-222, Annotated Code of Maryland. The EMS Board shall be a party to the proceeding. Except as otherwise provided in this chapter, notice shall be by certified and regular mail. Notice to an EMS provider shall be mailed to: The address the EMS provider maintains for purposes of licensure or certification notice; or Any other last known address. Notice to any other person shall be to the person's last known address. Summary suspension proceedings are subject to the confidentiality provisions of this chapter and COMAR 30.02.05.16. Education Article, §13-516, Annotated Code of Maryland; Effective date: January 1, 1999 (25:26 Md. R. 1926) Regulation .06B, F, and G amended effective July 1, 2002 (29:12 Md. R. 931)