344

LAWS OF MARYLAND

Ch.8

8-314. SAME — HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
8-313 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL 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)  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: Subsection (a) of this section is new
language derived in part from the reference in
the second clause of Art. 43, § 770(a)(3) to a
required "hearing".

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 express inclusion of the power to reprimand a
licensee in § 8-313 of this subtitle — when read
with this section -- results in new express
requirements that a hearing be held before the
Board may reprimand a licensee and, consequently,
that the review procedures of § 8-315 of this
subtitle be available to the licensee after a
final Board decision to reprimand. This change
is made to conform with other present health
occupation board provisions of Art. 43 and to
meet fundamental requirements of fairness.

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 the
administrative hearings under this section.