210

LAWS OF MARYLAND

Ch.8

THE HEARING NOTICE TO BE GIVEN TO THE PERSON SHALL BE
SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE
PERSON AT LEAST 30 DAYS BEFORE THE HEARING.

(D)  RIGHT TO COUNSEL.

THE PERSON MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(E)  SUBPOENAS; OATHS.

THE BOARD MAY ISSUE SUBPOENAS AND ADMINISTER OATHS IN
CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION.

(F)  EX PARTE HEARINGS.

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 Art. 43, §
555B-24.

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.

5-313. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 5-311 OF THIS TITLE, 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 § 5-311.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 5-311 OF THIS SUBTITLE MAY NOT APPEAL TO
THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(2)  THE APPEAL SHALL BE MADE AS PROVIDED FOR
JUDICIAL REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE
PROCEDURE ACT.

REVISOR'S NOTE: This section presently appears as Art.
43, § 555B-25.