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HARRY HUGHES, Governor
1373
20-309. SAME -- HEARINGS.
(A) RIGHT TO A HEARING.
EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
20-308 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) 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: Subsection (a) of this section is new
language derived without substantive change from
Art. 43, § 406A(f)(9), as that subsection relates
to a hearing by the Board.
Subsection (b) of this section is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It demonstrates clearly the intended
applications of the Administrative Procedure Act,
Art. 41, § 244 et seq. of the Code, to
administrative hearings under this section.
Subsection (c) 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.
In subsection (a) of this section, the
introductory language, "(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.
As to subsection (a) of this section, the express
inclusion of the power to reprimand a certificate
holder in § 20-308(b) of this subtitle — when
read with this section — results in new express
requirements that a hearing be held before the
Board may reprimand a certificate holder and,
consequently, that the review procedures of §
20-310 of this subtitle be available to the
certificate holder after a final Board decision
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