HARRY HUGHES, Governor

633

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 in
part from Art. 43, § 490(c) and (d)(1).

Subsection (b) of this section 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.

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 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.

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, § 490(d)(1), it is retained in this section.

As to the power of the Board to issue subpoenas
and administer oaths in connection with a hearing
under this section, see § 15-205 of this title.

15-314. SAME -- FINDINGS AND ORDER OF BOARD.

(A)  ORDER.

IF THE BOARD FINDS THAT THERE ARE GROUNDS FOR ACTION
UNDER § 15-311 OF THIS SUBTITLE, THE BOARD SHALL PASS AN
ORDER IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(B)  SURRENDER OF REVOKED OR SUSPENDED LICENSE.

(1) IF A LICENSE IS REVOKED OR SUSPENDED, THE
HOLDER SHALL SURRENDER IT TO THE BOARD ON DEMAND.