662

LAWS OF MARYLAND

Ch.8

(D)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.

(E)  SUBPOENAS; OATHS.

(1)  THROUGH ITS CHAIRMAN OR VICE CHAIRMAN, THE
BOARD MAY ISSUE SUBPOENAS AND ADMINISTER OATHS IN CONNECTION
WITH ANY PROCEEDING UNDER THIS SECTION.

(2)  THE BOARD SHALL ISSUE SUBPOENAS ON BEHALF OF
THE INDIVIDUAL IF THE INDIVIDUAL:

(I)  REQUESTS THAT THE BOARD DO SO; AND

(II)  STATES UNDER OATH THAT THE TESTIMONY
OR EVIDENCE SOUGHT IS NECESSARY TO THE INDIVIDUAL'S DEFENSE.

(F)  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 Art. 43, §
636(c) — except the seventh sentence of that
section, which now appears in § 16-312 of this
subtitle — and (d).

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 a certified
psychologist under certain circumstances. See
Art. 41, § 250A(c) of the Code.

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.

Subsections (c) and (d) of this section include
only those provisions that appear to add to the
provisions of the Administrative Procedure Act.
Thus the present references, e.g., to the right
of the individual to "testify in his own behalf"
and to the duties of the Board to make a record
and to produce written findings of fact, are
deleted as essentially repetitious of provisions
of the Administrative Procedure Act.