Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 60 - BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS › Chapter 10.60.04 - Rules of Procedure for Board Hearings › Section 10.60.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  in addition to the definitions set forth in COMAR
				  10.60.01.01B, the
				  following terms have the meanings indicated.
B. Terms Defined.
(1) "Administrative law judge" means the
				  hearing officer assigned to preside over a hearing in a case the Board has
				  delegated to the Office of Administrative Hearings.
(2) "Administrative Procedure Act" means
				  State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland,
				  which governs contested cases arising from charges brought by the
				  Board.
(3) "Administrative
				  prosecutor" means the attorney assigned by the Office of the Attorney General
				  to prosecute disciplinary charges for the Board.
(4) "Board" means the State Board of
				  Environmental Health Specialists.
(5) "Case resolution conference" means an
				  informal, confidential meeting between the parties to a contested case and the
				  Board's case resolution conference committee to discuss possible settlement of
				  a disciplinary matter pending before the Board.
(6) "Case resolution conference committee"
				  means a committee composed of one or more members of the Board that makes
				  recommendations to the Board regarding settlement of disciplinary
				  matters.
(7) "Cease and desist
				  letter" means an informal action consisting of a nonpublic letter issued by the
				  Board ordering:
(a) A licensee to cease a
				  specified activity; or
(b) An
				  unlicensed individual to cease the unauthorized practice of an environmental
				  health specialist.
(8)
				  "Charging document" means a nonpublic record issued by the Board which:
(a) Alleges conduct by a licensee which the
				  Board believes constitutes a violation under the Maryland Environmental Health
				  Specialists Act;
(b) Sets forth
				  provisions of the Maryland Environmental Health Specialists Act that the Board
				  believes were violated; and
(c)
				  Provides notice to the licensee of disciplinary proceedings before the
				  Board.
(9) "Complaint"
				  means a written allegation received by the Board that a licensee may have
				  violated the Maryland Environmental Health Specialists Act and which may be
				  grounds for an investigation or disciplinary action by the Board.
(10) "Consent order" means a public record
				  issued by the Board that is a final order of the Board that has been negotiated
				  and agreed to by both the licensee and the Board to resolve a disciplinary
				  matter.
(11) "Contested case" means
				  a proceeding conducted under the Administrative Procedure Act.
(12) "Final order" means a public record
				  issued by the Board resolving a contested case either by consent or after an
				  adjudication, which includes findings of fact, conclusions of law, and a
				  disposition which:
(a) Denies a
				  license;
(b) Sanctions by
				  reprimand, probation, fine, or suspension or revocation of a license;
(c) Summarily suspends a license;
(d) Dismisses charges;
(e) Surrenders a license; or
(f) Takes any other action that the Board may
				  do by law.
(13)
				  "Informal action" means that the Board closes a case without taking formal
				  disciplinary action or without issuing a final order, by imposing a
				  disciplinary sanction consisting of a:
(a)
				  Letter of education;
(b) Letter of
				  admonishment;
(c) Cease and desist
				  letter; or
(d) Consent
				  agreement.
(14)
				  "Investigation" means the gathering of information to assist the Board in
				  determining if there is reasonable cause to charge a licensee with a violation
				  of the Maryland Environmental Health Specialists Act.
(15) Letter of Admonishment.
(a) "Letter of admonishment" means informal
				  action consisting of a nonpublic letter issued by the Board closing a case, if
				  the Board believes a licensee has engaged in conduct that violates the Maryland
				  Environmental Health Specialists Act, admonishing the licensee not to repeat
				  the conduct.
(b) "Letter of
				  admonishment" may include an agreement that the licensee perform certain
				  conditions instead of the Board taking formal disciplinary action.
(16) "Letter of education" means
				  informal action consisting of a nonpublic letter to a licensee:
(a) Issued by the Board if the Board does not
				  believe that conduct rose to the level of a violation of the Maryland
				  Environmental Health Specialist Act; and
(b) In which the Board educates the licensee
				  concerning the laws and standards of the practice of environmental health
				  work.
(17) Letter of
				  Surrender.
(a) "Letter of surrender" means a
				  public letter accepted by the Board in which the licensee agrees to surrender
				  the license to practice environmental health work.
(b) "Letter of surrender" may include
				  conditions for the Board's acceptance of the surrender as a resolution of the
				  case.
(18) "Licensee"
				  means an individual holding:
(a) An active
				  license;
(b) A non-renewed license;
				  or
(c) An inactive license.
(19) "Licensure" means
				  permission to engage in the practice of environmental health work which is
				  evidenced by a license issued by the Board.
(20) "Maryland Environmental Health
				  Specialists Act" means Health Occupations Article, Title21, Annotated Code of
				  Maryland.
(21) "Notice of initial
				  denial" means a nonpublic record issued by the Board by which an applicant or
				  licensee is notified that the Board intends to deny:
(a) A license;
(b) A change in licensure status;
				  or
(c) Another benefit sought by
				  the licensee.
(22)
				  "Postdeprivation evidentiary hearing" means a contested case hearing scheduled
				  by the Board after the Board has issued an order for summary suspension under
				  State Government Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, in which the licensee may challenge the Board's
				  basis for issuing the order for summary suspension.
(23) "Predeprivation hearing" means a
				  nonevidentiary, show cause hearing held before the Board at which the licensee
				  has an opportunity to demonstrate to the Board why it should not:
(a) Issue an order for summary suspension
				  under State Government Article, §
												10-226(c)(2),
				  Annotated Code of Maryland; or
(b)
				  Take some other action that the Board may by law take.
(24) "Preliminary review" means the gathering
				  of information to be used by the Board to determine if the Board should dismiss
				  a complaint or conduct further investigation to determine if there is
				  reasonable cause to charge a licensee with a violation of the Maryland
				  Environmental Health Specialists Act.
(25) "Probation" means a sanction imposed by
				  the Board in a public final order in which the licensee is:
(a) Monitored by the Board for a period of
				  time; and
(b) Required to comply
				  with certain conditions to avoid further disciplinary action.
(26) "Public record" means a
				  document that the Board is permitted or required to disclose to the public
				  under State Government Article, Title 10, Subtitle 6, Annotated Code of
				  Maryland.
(27) "Recommended
				  decision" means a nonpublic record issued to the Board by an administrative law
				  judge that sets out proposed findings of fact, proposed conclusions of law, a
				  proposed sanction, or any combination of them.
(28) "Recusal" means the disqualification of
				  a member of the Board to participate in a proceeding because of interest, bias,
				  or some other reason that may interfere with the Board member's participation
				  in a case.
(29) "Respondent" means
				  a licensee, subject to the jurisdiction of the Board, that has been:
(a) Given notice to answer allegations
				  concerning violations of the Maryland Environmental Health Specialists
				  Act;
(b) Notified as to a potential
				  emergency suspension under State Government Article, §
												10-226(c),
				  Annotated Code of Maryland; or
(c)
				  Notified as to potential violation of Health Occupations Article, §
												21-401, Annotated
				  Code of Maryland.
(30)
				  "Revocation" means the removal of an environmental health specialist license to
				  practice environmental health.
(31)
				  "Sanction" means an action by the Board, including a:
(a) Reprimand;
(b) Placement on probation;
(c) Fine; or
(d) Suspension or revocation of a
				  license.
(32) "Show
				  cause hearing" means a nonevidentiary hearing before the Board in which the
				  licensee has the opportunity to demonstrate to the Board why the Board should
				  not issue a proposed order or take an action that the Board may take.
(33) "Stay" means the withholding of an
				  action ordered by the Board which may be subject to certain
				  conditions.
(34) "Summary
				  suspension" means the indefinite suspension of a license under State Government
				  Article, §
											10-226(c)(2),
				  Annotated Code of Maryland, taken if the Board believes the action is necessary
				  to protect the public health, safety, or welfare.
(35) "Surrender" means the voluntary
				  relinquishing of a license to practice environmental health specialist that may
				  be subject to certain conditions set by the Board.
(36) "Suspension" means a temporary denial of
				  the right to use a license and is usually defined by:
(a) A specific period of time;
(b) Specific dates; or
(c) Specific conditions.
(37) "Violation" means an act or omission
				  prohibited under Health Occupations Article, §
											21-312, Annotated
				  Code of Maryland.