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<regulation prefix="Regulation" num=".08" citation="COMAR 30.08.02.08" title_num="30" subtitle_num="08" chapter_num="02" heading="Appeal to the EMS Board.">
  <paragraph num="A.">
    <text>Procedures for Appeal by Hospital.</text>
    <paragraph num="(1)">
      <text>Not later than 20 business days from the date a hospital receives MIEMSS' decision, the hospital may appeal MIEMSS' decision by filing written exceptions with the Executive Director for consideration by the EMS Board.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>For the written exceptions to be considered timely, a hospital shall file the written exceptions with the Executive Director within 20 business days from the date the hospital receives MIEMSS' decision.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The exceptions shall state with specificity the reasons why MIEMSS' decision should be overturned.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The hospital shall mail a copy of the exceptions to MIEMSS by first class mail, postage prepaid.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>MIEMSS' Response.</text>
    <paragraph num="(1)">
      <text>Not later than 20 business days from the date the exceptions are filed with the Executive Director, MIEMSS may file a response.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>MIEMSS shall mail a copy of its response to the hospital by first class mail, postage prepaid.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Decision of EMS Board.</text>
    <paragraph num="(1)">
      <text>Not later than 90 calendar days from the date of the filing of the hospital's exceptions or MIEMSS' response, whichever is later, the EMS Board shall issue a written decision granting or denying the exceptions.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If the EMS Board denies the exceptions, the proposed decision, as affirmed by the EMS Board, is the final agency decision.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If the EMS Board grants the exceptions, in whole or in part, the EMS Board shall modify the proposed decision accordingly and the modified decision is the final agency decision.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>An appeal to the EMS Board is not a contested case as defined in State Government Article, §10-202(d), Annotated Code of Maryland, and the decision of the EMS Board is the final agency decision and is not subject to judicial review.</text>
    </paragraph>
  </paragraph>
</regulation>