Md. Code Regs. 10.44.07.08

Current through Register Vol. 51, No. 22, November 1, 2024

Section 10.44.07.08 - Board Review of Complaints

A. For each complaint, after reviewing any completed investigative information or reports and considering the recommendation of the Triage Committee or Discipline Review Committee, if applicable, the Board shall:

(1) Dismiss the complaint;

(2) Place the case on administrative hold;

(3) Close the case;

(4) Refer the case to peer review for mediation;

(5) Refer the matter to the:

(a) Dental Well-Being Committee;

(b) Dental Hygiene Well-Being Committee;

(6) Close the case with informal action;

(7) Issue a cease and desist order;

(8) Refer the matter for further investigation;

(9) Refer the matter to an administrative prosecutor; or

(10) Vote to:

(a) Charge a licensee with a violation of Health Occupations Article, §4-315, Annotated Code of Maryland, or the regulations adopted by the Board;

(b) Consider the matter as a basis for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland;

(c) Initially deny:

(i) Licensure or reinstatement of a license; or

(ii) Certification or reinstatement of a certificate;

(d) Accept the surrender of a license subject to conditions acceptable to the Board; or

(e) Take any other action the Board is authorized to take.

B. The Board may refer a complaint or other disciplinary matter to the administrative prosecutor at any time, regardless of whether it has voted to charge a licensee with violations of the Maryland Dentistry Act or the regulations adopted by the Board.

C. If the Board investigates a complaint, the Board shall mail a copy of the complaint to the respondent unless:

(1) The complaint alleges facts which may constitute fraud or dishonesty; or

(2) Disclosing the complaint may prejudice the investigation.

D. Absent exigent circumstances, the Board shall grant a person at least 10 calendar days to:

(1) Provide the Board with requested documents; or

(2) File a written response to a request for information.

E. Board investigations are warranted when there is evidence that the respondent or other person may have violated the Maryland Dentistry Act or the regulations adopted by the Board.

F. A matter that may serve as a basis for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland, may be referred directly to:

(1) The DRC;

(2) The Board; or

(3) The Administrative Prosecutor.

Md. Code Regs. 10.44.07.08

Regulations .08 adopted as an emergency provision effective September 29, 1980 (7:21 Md. R. 1989); emergency status expired February 14, 1981; adopted permanently effective March 6, 1981 (8:5 Md. R. 475)
Regulations .08 adopted effective March 1, 2004 (31:4 Md. R. 317)