Complaint Procedures

Question 1

Definition: means a letter commanding an individual to stop engaging in certain prohibited activities under the Act

Answer 1

Cease and Desist letter

Question 2

Definition: means the complaint committee of the Board, which includes at least one mortician member of the Board and at least on consumer member of the Board, and which is assisted by Board counsel provided by the Attorney General’s Office and Board administrative personnel

Answer 2

Committee

Question 3

Definition: means a report of potential violation of the practice of mortuary science against an individual licensed by the Board

Answer 3

Complaint

Question 4

Definition: means an individual who files a complaint with the Board

Answer 4

Complainant

Question 5

Definition: means a written agreement reached by the licensee and the Board as a result of a prehearing conference which sets forth the terms and conditions regarding the licensee’s ability or inability to practice and is subject to release to the public, pursuant of a State Government Article

Answer 5

Consent Order

Question 6

Definition: means a confidential agreement entered into between the Board and the licensee whereby the Board agrees to resolve the matter after the filing of charges in return for the licensee’s agreeing to meet certain specified terms and conditions which remain a permanent part of the licensee’s record and can be used in considering sanction should further disciplinary action be required

Answer 6

Disposition agreement

Question 7

Definition: means a dismissal notice which specifically sets forth in an instructive manner the areas of the licensee’s practice which require improvement and which requires improvement and which, when applicable, includes a warning that any further complaints for the same or similar activities may result in disciplinary charges under the Act

Answer 7

Educational Letter

Question 8

Definition: means a voluntary meeting of the Board and the licensee, either on the licensee’s own initiative or on the Board’s initiative, following notice to the licensee regarding the precise purpose of the meeting in the context of an ongoing investigation or inquiry.

Answer 8

Informal meeting

Question 9

Definition: means with the Board’s authority as set forth in the Act

Answer 9

Jurisdiction

Question 10

Definition: means a letter which sets forth that the :

(1) Board has probable cause to charge the licensee with a violation of a specific provision of the Board’s Act
(2) Licensee is admonished and ordered to cease and desist from all further activities in violation of it Acts
(3) Letter will become part of the licensee’s permanent record with the Board but will be treated as part of the confidential record maintained by the Board on the licensee and can be considered in determining sanctions for any subsequent violation of the Act

Answer 10

Letter of admonishment

Question 11

Definition: means a letter from the Board advising the licensee that:

(1) the investigation into the allegations raised has been closed
(2) Violations of the Act were not found
(3) The information obtained during the course of the investigation will be treated as a confidential record of the licensee maintained by the Board

Answer 11

Letter of Dismissal

Question 12

Definition: means an agreement between the Board and licensee whereby the Board specifies the terms for the complete and unequivocal surrender of the licensee’s license and right to practice mortuary science

Answer 12

Letter of Surrender

Question 13

In an emergency situation. the Board may act upon a complaint received by _______ if that complaint is followed up in writing as specified in this regulation.

Answer 13

Telephone

Question 14

The Board may also act upon a complaint of a Board member if the complaint is recorded and the Board member ________ in the discussion or vote in the matter

Answer 14

refrains from further participation

Question 15

If the Committee determines that the complaint does not fall within the Boards jurisdiction because the complaint addresses activities not governed by the Act, the determination is reported to the Board at its next regularly scheduled Board meeting. If the Board concurs with the recommendation of the Committee, the Board shall notify the complainant and licensee in writing within ____ of the Board’s meeting

Answer 15

2 weeks

Question 16

If the Committee determines that the complaint falls within the Board’s jurisdiction, it may authorize that an investigation of the complaint be undertaken by sending a copy of the complaint to the licensee requesting a written response within ________ which is to include the records, files, contracts, and other documents of the transaction. The Board may also instruct an investigator, as an agent of the Board, to conduct an investigation by issuing subpoenas, and conducting interviews with the licensee, the complainant, and other pertinent witnesses

Answer 16

2 weeks

Question 17

If the Board refers a case to the Attorney General’s Office for prosecution, a _____ shall be assigned to assist the prosecutor with the preparation of the charges

Answer 17

Liaison

Question 18

Upon receipt of the charges prepared by the prosecutor, the Board shall vote to ________the charge document

Answer 18

ratify

Question 19

A disposition agreement remains confidential and may only be released to the public if the licensee is found _______ of a violation of a provision of the agreement or subsequent violation of the Act, after a hearing, pursuant to Health Occupations Article 7-319, Annotated Code of Maryland

Answer 19

guilty

Question 20

A educational letter is treated as a ______ record maintained by the Board on the licensee

Answer 20

confidential