HARRY HUGHES, Governor

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is made to conform with other present health
occupation board provisions of Art. 43 and to
meet fundamental requirements of fairness.

The references in subsections (a) and (b) of this
section to the Administrative Procedure Act are
standard language added to this and, where
necessary, corresponding sections of other titles
of this article. These provisions demonstrate
clearly the intended application of the
Administrative Procedure Act, Art. 41, § 244 et
seq. of the Code, to administrative hearings
under this section.

As to subsection (c) of this section, the
statement that the individual may appear with
counsel is implicit in the scheme of the
Administrative Procedure Act; however, since this
provision is stated explicitly in present Art.
43, § 506(a), it is retained in this section.

Subsection (d) of this section is new language
added to clarify that the Board may proceed with
the ex parte hearing if the accused person has
been given due notice.

The references in present Art. 43, § 506(a) that
the Board furnish a copy of the complaint to the
accused, and that the Board may examine
witnesses, are deleted as essentially repetitious
of rights already provided in the Administrative
Procedure Act.

As to the power of the Board to summon witnesses,
administer oaths, and take affidavits in
connection with a hearing under this section, see
§ 3-205(a)(2) of this title and Art. 43, § 3 of
the Code.

3-312. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A) IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 3-310 OF THIS SUBTITLE, ANY PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

(1)  APPEAL THAT DECISION TO THE BOARD OF REVIEW;
AND

(2)  THEN TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT.

(B) AN ACTION UNDER § 3-310.