Ch. 233                             MARVIN MANDEL. Governor                                  599

licensee has by false or fraudulent representation obtained a license, or where the
licensee in performing or attempting to perform any of the acts mentioned herein,
is deemed to be guilty of:

225.

(a) The Commission shall, before denying an application for license, or before
suspending or revoking any license, OR IMPOSING ANY [[FINE]] PENALTY
set the matter down for a hearing before the Commission or a real estate hearing
board, and at least ten days prior to the date set for the hearing, it shall notify in
writing the applicant, or license holder of the charges made, and shall afford said
applicant, or license holder an opportunity to be heard in person or by counsel in
reference thereto. Provided, however, that in cases involving revocation of the
license of a nonresident of this State licensed under this subtitle by the real estate
commission of the state or district in which such nonresident licensee is a resident,
or where there is a conviction by a court of competent jurisdiction of any licensee
under this subtitle of any act which constitutes a violation of this subtitle and the
order of such Commission or court of competent jurisdiction is certified to the
Commission, any real estate license may be revoked by the Commission without
any hearing whatsoever. Such written notice may be served by delivery of same
personally to the applicant, or license holder, or by mailing same by registered
mail to the last known business address of such applicant, or license holder. If said
applicant, or license holder, be a salesman, the Commission shall also notify the
broker named in the salesman's application or license by mailing notice by
registered mail to the broker's last known business address. The hearing on such
charges shall be at such time and place as the Commission shall prescribe. Any
member of the Commission, its secretary-treasurer, or member of a real estate
hearing board shall have power to administer oaths and to subpoena and bring
before it any person in the State, or take testimony of any such person by
deposition with the same fees and mileage in the same manner as prescribed by
law in judicial procedure in courts of this State in civil cases. Any party to any
hearing before the Commission or a real estate hearing board shall have the right
to the attendance of witnesses, in his behalf at such hearing, upon making request
therefor to the Commission or a real estate hearing board and designating the
person or persons sought to be subpoenaed.

(c) If the Commission shall determine that any applicant is not qualified to
receive a license, a license shall not be granted to said applicant. And if the
Commission shall determine that any license holder is guilty of a violation of any
of the provisions of this subtitle, his or its license may be suspended or revoked
OR A [[FINE]] PENALTY IMPOSED PURSUANT TO § 224(A). The
findings made by the Commission, acting within its powers shall be subject to
review by the Superior Court of Baltimore City or the circuit court in any county;
and further provided that during any stay of any suspension or revocation granted
by any such court the licensee may continue to perform the duties of a broker or
salesman only upon the providing of a corporate bond in the sum of $25,000 for
the use and benefit of the public who may suffer or sustain any loss by reason of a
violation of this subtitle by such broker or salesman.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take
effect July 1, 1973.

Approved May 7, 1973.