546

LAWS OF MARYLAND

Ch.8

(C)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(D)  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 the first
sentence of Art. 43, § 609(b).

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.

In subsection (a) of this section, the
introductory phrase, "{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.

As to subsection (a) of this section, the first
sentence of present Art. 43, § 609(b) does not
require expressly a hearing before the Board may
deny a license, temporary license, or restricted
license, reprimand a licensee or holder of a
temporary license or restricted license, or place
a licensee or holder of a temporary license or
restricted license on probation under § 13-315 of
this subtitle. However, in conformity with other
specific present provisions of Art. 43, and to
meet fundamental requirements of fairness, this
section is revised to clarify that the hearing
requirements of this section and, consequently,
the review procedures of § 13-317 of this
subtitle apply to any proceeding under § 13-315
of this subtitle.

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
procedures for the administrative hearings under
this section.