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§ 7-4A-08. Board action on claims

West's Annotated Code of MarylandHealth OccupationsEffective: January 1, 2009

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 7. Morticians and Funeral Directors (Refs & Annos)
Subtitle 4a. Family Security Trust Fund (Refs & Annos)
Effective: January 1, 2009
MD Code, Health Occupations, § 7-4A-08
§ 7-4A-08. Board action on claims
In general
(a) The Board shall act promptly on a claim made under this subtitle.
Duties upon receipt of claim
(b) On receipt of a claim, the Board shall:
(1) Forward a copy of the claim:
(i) To each licensee alleged to be responsible for the act or omission giving rise to the claim;
(ii) To each unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
(iii) To each funeral establishment that employs a licensee or unlicensed employee alleged to be responsible for the act or omission giving rise to the claim; and
(2) Request from each of the persons listed in item (1) of this subsection a written response within 10 days to the allegations set forth in the claim.
Hearing, or dismissal of claim
(c)(1) The Board:
(i) Shall review the claim and any response to the claim; and
(ii) May conduct an investigation of the claim.
(2) On the basis of its review and any investigation that the Board conducts, the Board shall:
(i) Set the matter for a hearing; or
(ii) If the claim is frivolous, made in bad faith, or legally insufficient, dismiss the claim.
Burden of proof
(d) At any claim hearing, the burden of proof shall be on the claimant to establish the validity of the claim.

Credits

Added by Acts 2008, c. 532, § 1, eff. Jan. 1, 2009.
MD Code, Health Occupations, § 7-4A-08, MD HEALTH OCCUP § 7-4A-08
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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