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Unannotated Code of Maryland (Last Updated: May 16, 2014) |
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HEALTH - GENERAL |
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TITLE 19. HEALTH CARE FACILITIES |
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SUBTITLE 19. ADULT DEPENDENT CARE PROGRAMS -- CRIMINAL HISTORY RECORDS CHECKS AND BACKGROUND CHECKS |
§ 19-1908. Contesting a finding of criminal conviction
Latest version.
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(a) In general. -- An eligible employee may contest the finding of a criminal conviction or pending charge reported in a printed statement issued by the Department as provided in this section.
(b) Procedures. --
(1) In contesting the finding of a conviction or a pending charge, the eligible employee shall contact the office of the Secretary, or a designee of the Secretary, and a hearing shall be convened within 20 workdays, unless subsequently waived by the eligible employee.
(2) The Secretary, or a designee of the Secretary, shall render a decision regarding the appeal within 5 workdays after the hearing.
(c) Evidence of conviction or pending charge. --
(1) For the purposes of this subtitle, the record of a conviction for a crime or a copy of the record certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
(2) In a case where a pending charge is recorded, documentation provided by a court to the Secretary, or a designee of the Secretary, that a pending charge for a crime which has not been finally adjudicated shall be conclusive evidence of the pending charge.
(d) Failure to appear. -- Failure of the eligible employee to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.