Sec. 10.63.06.11. Summary Suspension  


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  • A. Upon finding that a program licensed under this chapter has violated a regulation and that the public health, safety, or welfare imperatively requires emergency action, the Department may order the immediate suspension of the license of the program and the immediate cessation of the program’s operation.

    B. Following the summary suspension of the license of the program, and under State Government Article, §10-226(c)(2), Annotated Code of Maryland, the Department shall deliver a written notice to the program that includes:

    (1) The facts supporting the finding that the public health, safety, or welfare imperatively require the emergency action; and

    (2) Notice that the program may request a hearing under Regulation .19 of this chapter.

    C. If the program requests a hearing on the summary suspension, the Department shall provide an administrative hearing after the suspension, in accordance with Regulation .20 of this chapter.

    D. If the Department summarily suspends the license of a program, the program shall immediately:

    (1) Stop providing services to individuals; and

    (2) Develop and implement a written plan, approved by the Department, to:

    (a) Notify individuals receiving services from the program, or the guardians of these individuals, of the suspension;

    (b) Transition individuals receiving services from the program to an alternative program or make other arrangements to ensure continuity of services for the individuals;

    (c) Store and protect all service and medical records, and transition the records to alternative program or to the individual; and

    (d) Notify employees, contractors, consultants, and consumers of its cessation of operations.