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Maryland Jurisprudence > Board > Flashcards

Board Flashcards

1
Q

How many total board members?

A

9

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2
Q

How many consumer members?

A

2

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3
Q

How many licensed psychologist members?

A

7

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4
Q

What psychology specialties and how many of each are required among board members?

A
  • 2 “engaged primarily in providing psychological services”

- 2 “engaged primarily in teaching, training, or research in psychology”

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5
Q

Who appoints the psychologist members?

A

The governor, with the advice of the Secretary of DHMH and advice and consent of the Senate, from a list of names provided by the MPA

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6
Q

Who appoints the consumer members?

A

The governor, with the advice of the Secretary of DHMH and advice and consent of the Senate.

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7
Q

How does the MPA create its list of board candidates?

A
  • solicits nominations from licensed psychologists

- nominees are voted on by all licensed psychologists

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8
Q

What are the qualifications of psychologist members?

A
  • practiced, taught, or conducted research at least 5 years

- US citizen and Maryland resident

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9
Q

What are the qualifications of consumer members?

A
  • never been or trained to be a psychologist
  • never been commercially or professionally engaged in a field related to psychology
  • has no household members for whom the above is true
  • currently does not have nor had within 2 years prior to appointment any “substantial financial interest” in anyone regulated by the Board
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10
Q

What is the tenure of a board member?

A
  • 4 years, with terms staggered across members
  • members continue to serve until a successor is appointed and qualifies
  • new members beginning after a term has started serve only the remainder of the term
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11
Q

How many terms may a board member serve?

A

not more than 2 consecutively

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12
Q

How long does the governor have to fill in a board vacancy?

A

60 days, to the extent practicable

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13
Q

For what reasons may the governor remove a board member?

A
  • incompetence
  • misconduct
  • absence from 2 consecutive board meetings (without adequate reason and upon recommendation of Secretary)
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14
Q

What defines a quorum for the board?

A

A majority of its members then serving

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15
Q

How often is the board required to meet?

A

at least once per year

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16
Q

Who may call special meetings of the board?

A
  • the Secretary
  • the chair
  • a majority of its members
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17
Q

How are board members compensated?

A
  • “for each day on which the member is engaged in performing the duties of the member’s office” at a rate determined by the board
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18
Q

How long does the board have to notify a psychologist that a complaint has been lodged against him/her?

A

120 days

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19
Q

What alternatives does the board have to notifying a psychologist of a complaint?

A
  • not notifying, if doing so would prejudice the investigation
  • disposing of a complaint
20
Q

How often must the board update a psychologist on the status of outstanding complaints against him/her?

A

every 3 months

21
Q

How often must the board make a report of its activities to the Secretary?

A

annually at the end of the fiscal year

22
Q

How much notice does the board have to give an individual against whom action is contemplated that s/he has been granted a requested hearing?

A

10 days, in person or by certified mail

23
Q

The board has the power to issue subpoenas and administer oaths. Under what circumstances might the board issue subpoenas on behalf of the individual?

A

if the individual requests it and states under oath that the testimony or evidence is necessary to her/his defense

24
Q

What happens if a person unlawfully disobeys the board’s subpoena?

A

S/he may be compelled to comply by the court.

25
Q

What happens if an individual against whom action is contemplated does not appear for a hearing?

A

The board may choose to reschedule the hearing, or to proceed with in the person’s absence.

26
Q

How do appeals to board decisions work?

A
  • an aggrieved person may appeal to:
    • the Board of Review
    • a judiciary body
  • an appeal does not stay a decision of the board to deny, suspend for more than 1 year, or revoke a license
27
Q

Who can bring an action?

A
  • the board
  • the state attorney general
  • a state’s attorney
28
Q

Where may an action be brought?

A

in the county where the defendant resides or engaged in actions sought to be enjoined

29
Q

Is proof of damage required to bring an action?

A

no

30
Q

Can the board take action against someone who is not licensed as a psychologist and, if so, on what grounds?

A

Yes, if they are practicing psychology without a license and are not one of the exceptions to licensure.

31
Q

Does the board’s action against someone preclude the possibility of criminal prosecution?

A

no

32
Q

How much notice of charges and hearing must the board give to a licensee and how?

A
  • 30 days notice
  • sent by Board Chairman
  • in person or by certified mail, restricted delivery, return receipt
  • includes
    • charges and issues
    • date, time, place of hearing
33
Q

Who may file a motion for a prehearing or case resolution conference?

A
  • the Board, the licensee, or the complainant
34
Q

What is the purpose of a case resolution conference?

A

to attempt to settle the case

35
Q

What are some purposes of prehearings?

A
  • delineating issues
  • stipulating facts, laws, etc.
  • arranging schedules
  • arranging for witness lists and testimony subject matter
36
Q

What items may be petitioned for discovery by either party?

A

by written request to the board or Office of Administrative Hearings to produce within 15 days:

  • witness lists
  • documents to be produced at the hearing

These items cannot be added to after a prehearing or less than 15 days before a hearing, except for impeachment or rebuttal purposes.

37
Q

What items are mandatory discovery?

A

not later than 15 days before prehearing or 45 days before hearing, name and CV of expert witnesses and written detailed summary of experts’ testimony

38
Q

Can the board or Office of Administrative Hearings exclude reports provided through mandatory discovery?

A

Yes, if it finds that the report is not sufficiently specific or otherwise fails to comply with requirements.

39
Q

When must motions be filed with the board?

A

at least 15 working days before the hearing, with copies going to the opposing party

40
Q

When must responses to motions be filed with the board?

A

at least 10 working days before the hearing, with copies going to the opposing party

41
Q

How might motions be filed with the board after the 15 working day deadline?

A

At its discretion, the board may entertain motions on the day of the hearing.

42
Q

Who acts as the hearing authority?

A
  • a quorum of the board, action by a majority of those present at the hearing
  • a delegation made by the board
43
Q

What is the order of procedure of the hearing?

A
  • case on behalf of the State first
  • case on behalf of the respondent second
  • rebuttal is permitted
44
Q

For whom does the board issue subpoenas?

A

any and all witnesses, requested in writing by parties

45
Q

How is the board’s decision and orders communicated?

A

in writing, delivered or mailed promptly to each party

46
Q

What happens if the board finds no violations?

A

the record of the proceedings is expunged

47
Q

How does an aggrieved party apply for a rehearing?

A
  • party applies within 10 days of decision by stating the grounds for rehearing
    • board considers only facts not presented in original hearing
  • board replies to application within 30 days

Maryland Jurisprudence (9 decks)

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