120

LAWS OF MARYLAND

Ch.8

The last sentence of present Art. 43, § 506(a),
which relates to notice and hearings, now appears
in § 3-311 of this subtitle.

The second clause of the first sentence of Art.
43, § 506(a), concerning removal of the name of a
licensee from the court records, is deleted as
obsolete. See the General Revisor's Note to this
title.

3-311. HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
3-310 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL AGAINST
WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A HEARING
BEFORE THE BOARD.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(D)  EX PARTE HEARINGS.

IF AFTER DUE NOTICE THE INDIVIDUAL AGAINST WHOM THE
ACTION IS CONTEMPLATED FAILS OR REFUSES TO APPEAR,
NEVERTHELESS THE BOARD MAY HEAR AND DETERMINE THE MATTER.

REVISOR'S NOTE: This section is new language derived in
part from the last sentence of Art. 43, §
506(a).

The introductory clause of subsection (a) of this
section, " {e}xcept as otherwise provided in the
Administrative Procedure Act" is new language
added to clarify that the Board may summarily
take action against an individual under certain
circumstances. See Art. 41, § 250A(c) of the
Code.

The express inclusion of the power to reprimand a
licensee in § 3-310 of this subtitle — when read
with this section — results in new express
requirements that a hearing be held before the
Board may reprimand a licensee and, consequently,
that the review procedures of § 3-312 of this
subtitle be available to the licensee after a
final Board decision to reprimand. This change