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LAWS OF MARYLAND

Ch. 33

any of the actions specified under this section
nay be taken. As a consequence, there never
would be an occasion under this section for the
Bank Commissioner to refuse to renew a license
because the Bank Commissioner always would be
obliged to renew a license pending the hearing
and a subsequent finding that the licensee
committed one of the acts specified in this
section. Once such a finding is made, the power
of the Bank Commissioner to suspend or revoke the
license would suffice to achieve the intent of
the present statute. However, this revision is
not intended to have any effect on the power of
the Bank Commissioner summarily to suspend a
license under certain circumstances, as provided
in the Administrative Procedure Act; see Act.
41, § 250A(c) of the Code.

12-509. HEARINGS.

(A)   RIGHT TO A HEARING.

BEFORE THE BANK COMMISSIONER TAKES ANY ACTION UNDER §
12-508 OF THIS SUBTITLE, THE BANK COMMISSIONER SHALL GIVE
THE LICENSEE AN OPPORTUNITY FOR A HEARING.

(B)   APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

NOTICE OF THE HEARING SHALL BE GIVEN AND THE HEARING
SHALL BE HELD IN ACCORDANCE WITH THE ADMINISTRATIVE
PROCEDURE ACT.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the hearing provisions of the third sentence of
Art. 11, § 61A (b).

Subsection (b) of this section is new language
added to advise the reader of the general
applicability of the Administrative Procedure
Act, Art. 41, § 244 et seq. of the Code.

The third and fourth sentences of present Art.
11, § 61A(b) state that the Bank Commissioner,
under certain circumstances, may "summon" a
licensee "to a hearing" and may suspend or revoke
the license "following such hearing". Although
this statement implies that a hearing must be
held as an absolute prerequisite to action by the
Bank Commissioner, the context in which the
statement appears makes clear that the procedure
contemplated is that described in the
Administrative Procedure Act — i.e., that the
licensee must be given "an opportunity for" a
hearing, an opportunity that the licensee may use
or not use as the licensee sees fit. This
revision reflects this intention.