468

LAWS OF MARYLAND

Ch.8

(C)  SPECIFIC NOTICE REQUIREMENTS.

THE HEARING NOTICE TO BE GIVEN TO THE INDIVIDUAL SHALL
BE SENT BY REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE
INDIVIDUAL AT LEAST 20 DAYS BEFORE THE HEARING.

(D)  RIGHT TO COUNSEL.

THE INDIVIDUAL 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, §
266A(a) — except the first clause of that
subsection, which now appears in § 12-311 of this
subtitle.

Subsection (e) 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.

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.

Subsections (c) and (d) of this section include
only those provisions that appear to add to the
provisions of the Administrative Procedure Act.
Thus in subsection (c) of this section, the
present detailed provisions about the required
content of a notice also are deleted as
duplicative of the Administrative Procedure Act.
In subsection (d) of this section, the present
references to the rights "to hear and examine the
evidence", "to cross examine adverse witnesses",
"to present evidence and witnesses", and "to