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Ch. 217
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2000 LAWS OF MARYLAND
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(g) The Hearings Office may permit or modify a timely request by the nursing
[facility] HOME for prehearing discovery.
(h) The Hearings Office, upon its own motion or upon motion of either party,
may subpoena any person or evidence, administer oaths, and take depositions and
other testimony.
(i) The Hearings Office shall inquire fully into all of the matters at issue and
shall receive into evidence the testimony of witnesses and any documents which are
relevant and material to such matters.
(j) The parties shall have the right to present evidence and testimony and to
cross-examine that presented by the opposing party.
(k) The purpose of the hearing is to consider and render a decision on the
following matters:
(1) The existence of a deficiency or deficiencies; and
(2) The amount of the civil money penalty.
(1) (1) The Secretary has the burden of proof with respect to the basis for
imposition of the civil money penalty under § 19-1402 and the amount of the civil
money penalty under § 19-1405.
(2) The Secretary must meet his burden of proof by clear and convincing
evidence.
(m) A decision shall be rendered by the Hearings Office within 7 days of the
hearing. The decision shall be the final agency decision of the Department, subject to
judicial appeal.
19-1408.
(a) A nursing [facility] HOME subject to a civil money penalty shall have the
right to appeal a decision of the Hearings Office upholding the finding of a deficiency
or deficiencies or the imposition of a civil money penalty.
(b) Such appeal shall be filed within 30 days of the action to be appealed.
(c) The appeal under subsection (b) of this section shall be taken directly to
the circuit court of the jurisdiction in which the nursing [facility] HOME is located.
19-1409.
(a) All civil money penalties imposed under this subtitle shall be placed in an
interest bearing account during any judicial appeal under § 19-1408.
(b) If the civil money penalty is reversed as a result of an appeal filed by the
nursing [facility] HOME, the amount of the civil money penalty, with interest, shall
be returned to the nursing [facility] HOME within 14 days of the reversal.
(c) If the civil money penalty is not appealed or if it is upheld following an
appeal, the amount of the penalty imposed, together with any accrued interest shall
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- 1440 -
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