Sec. 10.12.03.09. Emergency Suspension

A. The Secretary may immediately suspend a license on a finding that the public health, safety, or welfare requires emergency action.

B. The Department shall deliver a written notice to the licensee:

(1) Informing the licensee of the emergency suspension;

(2) Giving the reasons for the action and the regulation or regulations with which the licensee has failed to comply that forms the basis for the emergency suspension; and

(3) Notifying the licensee of the licensee's right to request a hearing and to be represented by counsel.

C. The filing of a hearing request does not stay the emergency action.

D. When a license is immediately suspended, the licensee shall:

(1) Immediately return the license certificate to the Department; and

(2) Stop providing services immediately.

E. A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary's action by filing a request for a hearing in accordance with Regulation .12 of this chapter.

F. Hearing.

(1) The Office of Administrative Hearings shall:

(a) Conduct a hearing as set forth in Regulation .12 of this chapter; and

(b) Issue a proposed decision within 10 business days of the close of the hearing record.

(2) Exceptions may be filed by an aggrieved person pursuant to COMAR 10.01.03.

G. Final Decision.

(1) The Secretary shall make a final decision pursuant to COMAR 10.01.03.

(2) If the Secretary's final decision does not uphold the emergency suspension, the licensee may resume operation.