HARRY HUGHES, Governor

477

The first half of the second sentence of present
Art. 43, § 268(c) now appears in § 12-410 of this
subtitle.

12-410. HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
12-409 OF THIS SUBTITLE OR ANY ACTION TO SUSPEND OR REVOKE A
PHARMACY PERMIT UNDER ANY OTHER SECTION 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 THE 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 PERSON 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 the reference in
the last half of the second sentence of Art. 43,
§ 268(c) to "due notice and opportunity for
hearing".

Subsection (c) 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 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,
comparable hearing sections in 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.

12-411. ADMINISTRATIVE AND JUDICIAL REVIEW.