HARRY HUGHES, Governor

299

In the first sentence of subsection (b) of this
section, the general reference to "license" is
substituted for "original license and current
license" to update an obsolete reference.

In the second sentence of subsection (b) of this
section, "verified" statement is substituted for
the reference to statement "under oath" in light
of the provisions regarding "verification" in §
1-201 of this article.

As to the number of Board members that constitute
a quorum for the disciplining of a registered
nurse or licensed practical nurse, see § 7-204 of
this title.

For additional disciplinary powers of the Board
regarding licensed nurse midwives, see § 7-605 of
this title.

7-313. SAME -- HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §§
7-312, 7-404, OR 7-605 OF THIS TITLE, 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)  SPECIFIC NOTICE REQUIREMENTS.

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)  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, §
299(b) and the first two sentences of (c) —
except as the first sentence of that subsection
applies to judicial review.