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Session Laws, 1981
Volume 741, Page 595   View pdf image
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HARRY HUGHES, Governor

595

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.

As to. subsection (c) of this section, the
statement that the individual may appear with
counsel is implicit in the scheme of the
Administrative Procedure Act; however, since this
provision- is stated explicitly in present Art.
43, § 130(j) it is retained in this section.

Subsection (d) of this section is new language
added to clarify that the Commission may proceed
with the ex parte hearing if the accused person
has been given due notice.

As to the issuance of subpoenas and
administration of oaths for the conduct of an
investigation and any hearing or proceeding
before the Commission, see § 14-501(g) of this
title and its revisor's note.

The present reference to the appearance of the
individual "in person before the Commission" is
deleted as unnecessary.

14-506. FINDINGS AND ORDER OF COMMISSION— IN GENERAL.

(A)  DISCIPLINARY OR OTHER ACTION FOUND WARRANTED.

FOLLOWING THE FILING OF CHARGES, IF A MAJORITY OF THE
FULL AUTHORIZED MEMBERSHIP OF THE COMMISSION FINDS THAT
THERE ARE GROUNDS FOR ACTION UNDER § 14-504 OF THIS
SUBTITLE, THE COMMISSION SHALL PASS AN ORDER IN ACCORDANCE
WITH THE ADMINISTRATIVE PROCEDURE ACT.

(B)  COMMISSION ACTION FOUND UNWARRANTED.

AFTER THE CHARGES ARE FILED, IF THE COMMISSION FINDS
THAT THERE ARE NO GROUNDS FOR ACTION UNDER § 14-504 OF THIS
SUBTITLE, THE COMMISSION:

(1)  IMMEDIATELY SHALL DISMISS THE CHARGES AND
EXONERATE THE LICENSEE;

(2)  SHALL EXPUNGE ALL RECORDS OF THE CHARGES;
AND

(3) MAY NOT TAKE ANY FURTHER ACTION ON THE
CHARGES.

 

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Session Laws, 1981
Volume 741, Page 595   View pdf image
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