HARRY HUGHES, Governor

253

stated explicitly in present Art. 43, § 354(d)
and (e), it is retained in this section.

Subsection (d) 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.

As to the issuance of subpoenas and
administration of oaths for the conduct of a
hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.

Present Art. 43, § 354(d) and (e) both relate to
a disciplinary hearing to be provided to
licensees. This section is revised in standard
language that provides an opportunity for one
hearing before the Board takes any action under §
6-315 of this subtitle. The second reference to
a hearing is deleted as unnecessary and
repetitive.

6-317. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION
AGAINST ANY HEALTH CARE PROFESSIONAL UNDER § 6-315 OF THIS
SUBTITLE, 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 § 6-315.

(1)  ANY HEALTH CARE PROFESSIONAL AGGRIEVED BY A
FINAL DECISION OF THE BOARD UNDER § 6-315 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.

(C)  STAY PENDING REVIEW.

IF A PERSON NOTES AN APPEAL FROM AN ORDER OF SUSPENSION
OR REVOCATION BY THE BOARD, THE ORDER IS STAYED.

REVISOR'S NOTE: This section, which is substituted for
present Art. 43, § 355, is standard language used