Board reviews proposed COMAR 'summary suspension' rule for educator licenses, debates due process limits

Board counsel (Sean) presented a draft regulatory addition to the educator-licensure chapter to implement the summary-suspension authority in State Government Article 10-226(c)(2). Counsel said the provision allows a licensing unit to summarily suspend a professional license where "the public's health, safety, or welfare imperatively requires emergency action," and explained the regulation mirrors similar procedures used by health licensing boards.

The staff presentation outlined definitions the regulation would add or clarify, including dismissal, misconduct, moral turpitude and summary suspension. Counsel said moral turpitude is a term of art rooted in case law and typically covers serious crimes that bear on an educator’s fitness to teach; Maryland’s practice, he said, generally ties regulatory action to a conviction that bears on fitness, distinguishing Maryland from other states that may act on conviction alone.

Members asked for examples and cautioned about broad or politicized uses of "welfare" or other vague language that could undermine due process. One board member noted historical abuses of emergency powers and asked for safeguards. Counsel described the proposed procedure: a notice of intent with at least five days’ notice followed by a short show-cause hearing (oral argument up to 30 minutes) and the right to a full evidentiary hearing before the Office of Administrative Hearings; in "extraordinary circumstances" the state superintendent could act immediately after consultation with legal counsel, with reinstatement or appeal options available once facts develop.

The board did not adopt the regulation at the meeting; members asked staff to compile case law and draft a memo explaining how moral turpitude has been interpreted and to return with language and procedural safeguards at the next meeting.