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Session Laws, 1962
Volume 651, Page 138   View pdf image (33K)
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138 LAWS OF MARYLAND [CH. 36

353.

Any person whose license shall have been suspended or revoked
under the provisions of Section 352 of this article, may appeal from
the decision or the order of the said Board to the circuit court of
the county in which said person resides, or to the Baltimore City
Court if said person resides in Baltimore City, and the court shall
determine whether the said Board has exceeded the powers granted
by this article and whether said Board has misconstrued the law
and facts applicable in the matter decided. [Such appeal shall
be taken within twenty (20) days from the date of the decision or
order complained of by filing a notice of appeal in the office of the
clerk of the court to which said appeal is taken, whereupon the clerk
shall forward a copy thereof to the said Board, directing the said
Board to produce the records and testimony or copies thereof,
certified by it relating to the order or decision appealed. ] The pro-
ceedings in every such appeal shall be informal and summary
before the court, sitting without a jury, but full opportunity to
be heard shall be had before the order of the court is entered. If
the court shall determine that the said Board has acted within
its powers and has correctly construed the law and the facts, the
decision of the said Board shall be affirmed. Otherwise, it shall
be reversed or modified and such order entered as the court may
deem proper. [The noting of such appeal shall operate as a] The
Board may
stay [of] the decision or order [of the said Board. ]
pending the determination of such appeal.

480. (g) The Board of Osteopathic Examiners of this State,
may by a vote of three members, revoke any license which it has
issued, and may cause the name of any physician licensed by said
Board to be removed from the register of licentiates of the city
or county where it may be recorded for any of the following causes;
to-wit: The use of fraud or deception in passing the examination
provided in this sub-title, habitual drunkenness, criminal abortion,
conviction of crime involving moral turpitude or unprofessional or
dishonorable conduct. Before proceeding to revoke any such license,
the person against whom complaint is made shall be furnished with
a copy of the complaint and charges made against him, and shall
be given an opportunity for a hearing before the Board, in person
or by attorney, and at such hearing testimony may be offered for
and against the accused. The action of the Board shall be reduced
to writing, stating also the reasons for said action, and a copy
thereof shall be delivered or mailed to the person against whom
complaint is made; [within sixty days after said notice of revocation
of license shall have been delivered or mailed to any person] said
party shall have the right of appeal to the circuit court of the city
or county wherein he may reside the judge or judges of which said
court shall fully hear and determine all matters connected with
the action of said Board from which appeal is taken, and the de-
cision of said court shall be final [; should no such appeal be taken
within sixty days, or should said appeal result in the affirmation
of the action of said Board, the clerk of the circuit court or courts
where said license so revoked shall have been recorded shall, upon
due notice from the secretary-treasurer of said Board, strike off
the name of said party from the list of licensed practitioners re-
corded upon said register]. At any time within two years from


 

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Session Laws, 1962
Volume 651, Page 138   View pdf image (33K)
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