HARRY HUGHES, Governor

251

rephrased in broader, standard language to
conform to similar provisions governing other
health occupations in present Art. 43. It states
a fundamental ground for disciplining a licensee.
For examples of this provision in the present
law, see present Art. 43, § 130(h)(1), as to
physicians, and present Art. 43, §
266A(c)(1)(iii), as to pharmacists.

In subsection (a)(5) of this section, the term
"unauthorized" is substituted for the term
"unlicensed", for clarity.

In subsection (a)(8) of this section,   the present

limited terms "agent" etc. are    deleted as

unnecessary in light of the broader term, "any
other person".

In subsection (a)(18) of this section, the phrase
"or of the laws relating to cremation" is new
language added to clarify the disciplinary
authority of the Board over the entire practice
of mortuary science. See §§ 6-405 and 6-505 and
the revisor's notes to §§ 6-508 and 6-601 of this
title. This revision is called to the attention
of the General Assembly.

The balance of present Art. 43, § 354(c)(15) now
appears as § 6-403 of this title.

It is called to the attention of the General
Assembly that there is no ground in the present
law that allows the Board to discipline a
licensee for immoral conduct. See § 6-302(b) of
this subtitle and its revisor's note as to the
deletion of a qualification relating to peculiar
habits.

6-316. SAME -- HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
6-315 OF THIS SUBTITLE, IT SHALL GIVE THE PERSON 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)  RIGHT TO COUNSEL.

THE PERSON MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.