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LAWS OF MARYLAND

Ch. 237

IF AFTER DUE NOTICE THE PERSON 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
without substantive change from NR § 8-611(b).

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 a person under
certain circumstances. See Art. 41, § 250A(c) of
the Code.

Also in subsection (a) of this section, the
express inclusion of the power to reprimand a
licensee in § 21-310 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 § 21-312 of this
subtitle be available to the licensee after a
Board decision to reprimand. This change is made
to conform with other health occupation board
provisions in this article and to meet
fundamental requirements of fairness.

Subsection (f) 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 reference in subsection (b) of this section
to the Administrative Procedure Act is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It demonstrates clearly the intended
application of the Administrative Procedure Act,
Art. 41, § 244 et seq. of the Code, to
administrative hearings under this section.

In regard to subsection (b) of this section, the
second sentence of present NR § 8-611(b), which
requires that the charge be in writing and filed
with the Board secretary, is deleted as
unnecessary in light of the reference to the
Administrative Procedure Act.

Subsections (c) through (e) of this section
include only those provisions that appear to add
to the provisions of the Administrative Procedure
Act. Thus, in subsection (e) of this section,
the present reference to the Board's power to
examine "books, papers, public records, and other
documentary evidence" in relation to the charges
before it, is deleted as included in the phrase