Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  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 Social
				  Work Examiners.
(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 social work.
(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 Social Workers Act;
(b) Sets forth provisions of the Maryland
				  Social Workers 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 Social
				  Workers 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) "Disposition agreement" means a formal
				  nonpublic agreement entered into with an impaired licensee instead of formal
				  disciplinary action, in which the licensee agrees to comply with certain
				  conditions.
(13) "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.
(14)
				  "Imperatively requires emergency action" means a finding by the Board that an
				  emergency action be taken against a licensee under State Government Article,
				  §
											10-226(c)(2),
				  Annotated Code of Maryland, based on investigative facts that raise a
				  substantial likelihood of risk of harm to the public health, safety, or welfare
				  before a full evidentiary hearing can be held.
(15) "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.
(16) "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 Social Workers
				  Act.
(17) 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
				  Social Workers 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.
(18) "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 Social
				  Workers Act; and
(b) In which the
				  Board educates the licensee concerning the laws and standards of the practice
				  of social work.
(19)
				  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 social work.
(b) "Letter of surrender" may include
				  conditions for the Board's acceptance of the surrender as a resolution of the
				  case.
(20) "Licensure"
				  means permission to engage in the practice of social work which is evidenced by
				  a license issued by the Board.
(21)
				  "Maryland Social Workers Act" means Health Occupations Article, Title19,
				  Annotated Code of Maryland.
(22)
				  "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
				  license, a change in licensure status, or some other benefit sought by the
				  licensee.
(23) "Postdeprivation
				  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.
(24) "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.
(25) "Preliminary investigation" 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
				  Social Workers Act.
(26)
				  "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.
(27) "Prohibited
				  act" means conduct specified in the Maryland Social Workers Act which may
				  result in sanctions or penalties.
(28) "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.
(29) "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.
(30)
				  "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.
(31) "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 Social Workers 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, §
												19-401, Annotated
				  Code of Maryland.
(32)
				  "Revocation" means the removal of a social worker's license to practice social
				  work.
(33) "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.
(34) "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.
(35) "Stay" means the withholding of an
				  action ordered by the Board which may be subject to certain
				  conditions.
(36) "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.
(37) "Surrender" means the voluntary
				  relinquishing of a license to practice social work that may be subject to
				  certain conditions set by the Board.
(38) "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.
(39) "Violation" means an act or omission
				  prohibited under Health Occupations Article, §
											19-311, Annotated
				  Code of Maryland.