596

LAWS OF MARYLAND

Ch.8

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
130(k) and (1).

In subsection (a) of this section, the phrase
"grounds under § 14-504 of this subtitle" is
substituted for "unprofessional conduct" to
describe certain acts for which a licensee could
be disciplined but are not accurately categorized
as "unprofessional conduct", e.g., a licensee who
"habitually is intoxicated".

Also in subsection (a) of this section, a
reference to the Administrative Procedure Act is
added to state expressly what clearly is implied
that the Administrative Procedure Act applies
to the actions taken under this section. Thus,
the present references to preparing a "written
finding of fact" and to serving "notice" on the
licensee of any charge filed with the Commission
are deleted as essentially repetitious of rights
already provided in the Administrative Procedure
Act.

The attention of the General Assembly is called
to the potential problems that arise in regard to
subsection (b)(2) of this section, which provides
for expunging of all records of the charges that
are formally filed and then dismissed. Expunging
the records after charges are dismissed may
result in a double jeopardy situation or a
duplication of Commission efforts if similar
charges were filed later.

As to the Administrative Procedure Act, see Art.
41, § 244 et seq. of the Code.

14-507. SAME -- ORDER OF SUSPENSION OR REVOCATION.

(A)  FILING OF ORDER.

THE COMMISSION SHALL FILE WITH THE BOARD ANY ORDER OF
SUSPENSION OR REVOCATION COMMISSION ACTION UNDER § 14-504 OF
THIS SUBTITLE.

(B)  ORDER EFFECTIVE ON FILING.

AN ORDER OF SUSPENSION OR REVOCATION IS EFFECTIVE, IN
ACCORDANCE WITH ITS TERMS AND CONDITIONS, AS SOON AS THE
COMMISSION FILES IT WITH THE BOARD.

(C)  SURRENDER OF LICENSE.

ON SUSPENSION OR REVOCATION OF ANY LICENSE, THE HOLDER
SHALL SURRENDER THE LICENSE CERTIFICATE TO THE BOARD.