PROPOSAL
Maryland Register
Issue Date: July 22, 2016
Volume 43• Issue 15• Page 867
Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 41 BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, AND SPEECH-LANGUAGE PATHOLOGISTS
Authority: Health Occupations Article, §2-205, 2-314.9, and 2-315, Annotated Code of Maryland
Notice of Proposed Action
[16-181-P]
The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.41.09 Civil Penalties. This action was considered at a public meeting on May 19, 2016, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/boardsahs/Pages/Index.aspx, pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to correct an inconsistency in Board regulations regarding the maximum administrative fine that can be imposed on a licensee found to have committed a violation. Currently, COMAR 10.41.09.01 and Health Occupations Article, §2–314.9, Annotated Code of Maryland, state that the Board may impose an administrative penalty not exceeding $5,000 on a licensee for an act or omission prohibited under current law. Currently, COMAR 10.41.09.03 states that the maximum administrative fine is $1,000.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 22, 2016. A public hearing has not been scheduled.
.03 Authority to Impose Administrative Monetary Penalty.
A. After a hearing under Health Occupations Article, §2-315, Annotated Code of Maryland, and COMAR 10.41.04, the Board may impose an administrative monetary penalty [of $1,000 or less] under this chapter on a licensee who is found to have committed a violation.
B. The Board may impose a penalty under §A of this regulation:
(1) For each determination by the Board that there are grounds to suspend or revoke the license of a licensee or to reprimand a licensee or place a licensee on probation[, not to exceed a maximum of $1,000]; and
(2) (text unchanged)
VAN T. MITCHELL
Secretary of Health and Mental Hygiene