Sec. 30.02.05.05. Action by the EMS Board

A. Upon review of the complaint and any recommendations of the provider review panel together with the results of any investigations and any further inquiry the EMS Board may require, the EMS Board may:

(1) Dismiss the complaint;

(2) Request that the respondent enter into a disposition agreement with the EMS Board; or

(3) Issue a noncompliance notice.

B. If the provider review panel does not affirmatively recommend disciplinary action of an EMS provider in cases concerning patient care, the EMS Board shall dismiss the complaint to the extent it relates to patient care.

C. Noncompliance Notice.

(1) The noncompliance notice shall specify which of the following actions the EMS Board proposes to take:

(a) Reprimand or probation;

(b) Suspension or revocation of a license or certificate;

(c) Denial of a license or certificate to an applicant;

(d) Refusal to renew an applicant's license or certificate; or

(e) Issuance of a cease and desist order.

(2) The noncompliance notice shall specify whether the hearing will be delegated to the Office of Administrative Hearings. If the noncompliance notice does not delegate the hearing to the Office of Administrative Hearings, the hearing shall be conducted by the EMS Board.

(3) The EMS Board shall serve the noncompliance notice on the EMS provider or applicant by hand delivery or certified and regular mail at the address the EMS provider or applicant maintains for purposes of licensure or certification notice, or any other last known address. If certified mail is twice returned unclaimed, service on a provider may be effected by delivery to each of the provider's affiliations of record shown on the records of MIEMSS.

(4) An individual who is not an EMS provider or applicant shall be served by hand delivery or certified and regular mail at the person's last known address.

(5) The individual effecting service shall complete a certificate of service attesting to the method and date of service.

(6) Upon the issuance of a noncompliance notice, the EMS Board shall refer the matter to an assistant attorney general assigned to the EMS Board.

(7) The EMS Board shall issue a final decision under the noncompliance notice if:

(a) A hearing is not requested by the respondent within 30 days of receipt of the noncompliance notice;

(b) After due notice, the respondent fails to appear; or

(c) A request for a hearing is withdrawn.

(8) A copy of the final decision shall be served on the respondent by certified and regular mail. If certified mail is twice returned unclaimed, service on a provider may be effected by delivery to each of the provider's affiliations of record shown on the records of MIEMSS.

(9) If the respondent makes a timely request for a hearing, the body designated to conduct the hearing shall schedule a hearing and provide notice to all parties under State Government Article, §10-208, Annotated Code of Maryland.