252

LAWS OF MARYLAND

Ch.8

(D) 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. 43, §
354(d) and (e).

The express inclusion of the power to deny a
license to an applicant or to reprimand a
licensee in § 6-315 of this subtitle — when read
with this section — results in new express
requirements that a hearing be held before the
Board may deny a license to an applicant or
reprimand a licensee and, consequently, that the
review procedures of § 6-317 of this subtitle be
available to the applicant or licensee after a
final Board decision to deny or reprimand. This
change is made to conform with other present
health occupation board provisions of Art. 43 and
to meet fundamental requirements of fairness.

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.

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.

This section includes only those provisions that
appear to add to the provisions of the
Administrative Procedure Act. Thus, in this
section, the present references to furnishing a
copy of the complaint, to permissible testimony
at a hearing, to the contents of a decision, and
to delivery of a copy of the decision to the
person charged are deleted as essentially
repetitious of provisions already provided in the
Administrative Procedure Act.

As to subsection (c) of this section, the
statement that the person may appear with counsel
is implicit in the scheme of the Administrative
Procedure Act; however, since this provision is