MD. Health - General Code Ann. §  7-910 (2021)
2021 Maryland Statutes|Health - General|Title 7 - Developmental Disabilities Law|Subtitle 9 - Licensing|Section 7-910 - Denial, Suspension, or Revocation; Sanctions; False Statement; Hearings; Emergency Action

    (a)    The Department shall deny a license to any applicant or suspend or revoke a license if the applicant or licensee fails to comply with the applicable laws, rules, or regulations of this State.    (b)    (1)    The Department may impose sanctions, including a civil money penalty, for failure by a licensee to substantially comply with applicable State laws, regulations, or rules.        (2)    The Department shall adopt rules and regulations providing for the sanctions to be imposed under this subsection.        (3)    A civil money penalty imposed under this subsection may not exceed $5,000.        (4)    In establishing the amount of a civil money penalty imposed under this subsection, the Department shall consider, under guidelines established in the regulations adopted under paragraph (2) of this subsection:            (i)    The number, nature, and seriousness of the violations;            (ii)    The degree of risk caused by the violations to the health, life, or safety of the individual served by the licensee;            (iii)    The efforts made by the licensee to correct the violations;            (iv)    Any history of similar violations;            (v)    Whether the amount of the proposed civil money penalty will jeopardize the financial ability of the licensee to continue serving individuals; and            (vi)    Any other reasonable factors as determined by the Department.        (5)    If a civil money penalty is proposed, the Department shall offer the licensee an opportunity for informal dispute resolution.        (6)    If, following the opportunity for informal dispute resolution, a civil money penalty is imposed, the Department shall provide:            (i)    Written notice of:                1.    The basis on which the order is made;                2.    The deficiency on which the order is based;                3.    The amount of the civil money penalty to be imposed; and                4.    The manner in which the amount of the civil money penalty was calculated; and            (ii)    An opportunity for a hearing as provided under subsection (e) of this section.        (7)    The Department shall have the burden of proof with respect to the imposition of a civil money penalty under this subsection.    (c)    Any applicant or licensee who knowingly and willfully makes a false statement in connection with an application under this subtitle shall be guilty of a misdemeanor and upon conviction shall be subject to a fine not to exceed $1,000, or imprisonment not exceeding 1 year, or both.    (d)    The Department may impose a penalty not exceeding $500 per day per violation for each day a violation occurs on a licensee that fails to comply with the reporting requirements established under § 7–306.1(l) of this title.    (e)    Except as otherwise provided in § 10–226 of the State Government Article and subsection (f) of this section, before the Department takes any action against an applicant or a licensee under this section, the Department shall give the applicant or licensee notice and an opportunity for a hearing.    (f)    (1)    If the Department finds that the public health, safety, or welfare of individuals with disabilities receiving services from a licensee imperatively requires emergency action, the Department may suspend the license or order a licensee to remedy immediately the situation requiring the emergency action.        (2)    The order to remedy immediately the situation shall be effective immediately and shall remain in effect until:            (i)    The Department rescinds the order; or            (ii)    There is a resolution through the administrative hearing process.        (3)    If the Department issues an order under paragraph (1) of this subsection, the Department promptly shall give the licensee:            (i)    Written notice of the order, the finding, and the reasons that support the finding; and            (ii)    An opportunity to be heard.