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Session Laws, 1981
Volume 741, Page 171   View pdf image
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HARRY HUGHES, Governor

171

(D)  WITNESS FEES AND EXPENSES.

IN ACCORDANCE WITH THE STATE BUDGET, THE BOARD MAY
AUTHORIZE PAYMENT OF FEES AND TRAVEL EXPENSES OF WITNESSES
WHO TESTIFY IN A PROCEEDING UNDER THIS SECTION.

(E)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(F)  OATHS; DEPOSITIONS.

THE BOARD MAY ADMINISTER OATHS AND TAKE DEPOSITIONS OF
WITNESSES IN ANY PROCEEDING UNDER THIS SECTION.

(G)  SUBPOENAS.

(1)  OVER THE SIGNATURE OF THE BOARD SECRETARY,
THE BOARD MAY ISSUE SUBPOENAS TO WITNESSES IN CONNECTION
WITH ANY PROCEEDING UNDER THIS SECTION.

(2)  THE BOARD SHALL ISSUE SUBPOENAS ON BEHALF OF
THE INDIVIDUAL IF THE INDIVIDUAL REQUESTS IN WRITING THAT
THE BOARD DO SO.

(3)  IF, WITHOUT LAWFUL EXCUSE, A PERSON DISOBEYS
A SUBPOENA FROM THE BOARD OR AN ORDER BY THE BOARD TO TAKE
AN OATH OR TO TESTIFY OR ANSWER A QUESTION, THEN, ON
PETITION OF THE BOARD, A COURT OF COMPETENT JURISDICTION MAY
PUNISH THE PERSON AS FOR CONTEMPT OF COURT.

(H) 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

without substantive change from Art. 32, § 14(c)

as that subsection relates to proceedings to

revoke or suspend licenses — (d), (e), (f), (g),

and (h).

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.

Subsection (b) of this section is standard
language added to this and, where necessary,
corresponding sections of other subtitles of this
title. It demonstrates clearly the intended
application of the Administrative Procedure Act,

 

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Session Laws, 1981
Volume 741, Page 171   View pdf image
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