HARRY HUGHES, Governor

687

may suspend or revoke the certification, and
there is no need for a power to refuse renewal.

In subsection (a) of this section, "full
authorized" membership is substituted for the
term "entire" membership to correspond to the
interpretation of this provision by the Board and
to clarify that a majority of all potential Board
members must vote. See § 17-202 of this title
for the "full authorized" membership.

In subsection (a) (1) of this section, the
present term "misrepresentation" is deleted as
unnecessary in light of the other descriptive
terms — "fraudulently" and "deceptively" — that
are used.

Subsection (a)(2) of this section is new language
added to conform to similar provisions governing
other health occupations in present Art. 43. It
states a fundamental ground for disciplining a
health practitioner. For examples of such
provisions in the present law, see present Art.
43, § 130(h)(1), as to physicians, and present
Art. 43, § 266A(c)(1)(iii), as to pharmacists.

17-315. HEARINGS.

(A)  RIGHT TO A HEARING.

(1)  EXCEPT AS OTHERWISE PROVIDED IN THE
ADMINISTRATIVE PROCEDURE ACT, BEFORE THE BOARD TAKES ANY
ACTION UNDER § 17-314 OF THIS SUBTITLE, IT SHALL GIVE THE
INDIVIDUAL AGAINST WHOM THIS ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE BOARD.

(2)  A HEARING SHALL BE HELD WITHIN A REASONABLE
TIME NOT TO EXCEED 6 MONTHS AFTER CHARGES HAVE BEEN BROUGHT.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  SPECIFIC NOTICE REQUIREMENTS.

AT LEAST 30 DAYS BEFORE THE HEARING, THE HEARING NOTICE
TO BE GIVEN TO THE INDIVIDUAL SHALL BE:

(1)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(2)  SENT BY REGISTERED MAIL TO THE LAST KNOWN
ADDRESS OF THE INDIVIDUAL.

(D)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY
COUNSEL.