Sec. 10.10.10.04. Responsibilities of the Secretary

A. Registration.

(1) Requirement. The OHCQ shall register on the Secretary's behalf an employer that conducts a preliminary screening procedure on a job applicant for a controlled dangerous substance.

(2) Forms. The OHCQ shall provide to each employer:

(a) A registration application form; and

(b) A registration renewal form every 2 years after the initial registration.

B. Routine Surveys and Complaint Investigation.

(1) Requirement. The Secretary or the OHCQ as the Secretary's designee shall:

(a) Conduct routine surveys of preliminary screening sites;

(b) Conduct surveys of preliminary screening sites as part of a complaint investigation; and

(c) Investigate written complaints related to compliance with the standards set forth in this chapter.

(2) On-site Surveys. The OHCQ may:

(a) Annually conduct routine on-site surveys of preliminary screening sites;

(b) Conduct a routine survey any time during a preliminary screening site's normal work hours; and

(c) Include as part of a routine survey or complaint investigation:

(i) On-site observation and examination of preliminary screening facilities, equipment, screening devices, specimens, and screening procedures;

(ii) On-site examination of documents pertinent to employer registration, preliminary screening performed by the employer or agent of the employer, and operator training; and

(iii) On-site interviews of employers and employees involved in performing, supervising, or managing preliminary screening.

(3) Sanctions.

(a) Imposition. If the Secretary finds that an employer or agent of an employer is not in compliance with a requirement or standard of this chapter, the Secretary may impose one or more of the following sanctions on the employer, agent of the employer, or both:

(i) Suspension of a letter or letters of registration;

(ii) Revocation of a letter or letters of registration;

(iii) A direct plan of correction;

(iv) A limitation on preliminary screening; and

(v) Required training and technical assistance.

(b) Departmental Actions. The Secretary shall carry out actions related to the imposition or lifting of sanctions involving preliminary screenings in the same manner as those involving a laboratory, as set forth in COMAR 10.10.08, including the providing of notice and hearings.