688

LAWS OF MARYLAND

Ch.8

(E) 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, §
733(c) 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 an individual under
certain circumstances. See Art. 41, § 250A(c) of
the Code.

In subsection (a)(1) of this section, the present
reference to the hearing being set "in accord
with rules and regulations adopted by the Board"
is deleted as unnecessary.

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.

In subsection (c) of this section, "registered
mail" is substituted for "certified mail" in
light of Art. 1, § 20 of the Code.

In subsection (d) of this section, the present
references to the rights to "appear in person",
"cross-examine witnesses", and "to produce
evidence and witnesses", are deleted as
essentially repetitious of rights already
provided in the Administrative Procedure Act.

As to subsection (d) 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, § 733(d), it is retained in this section as
an express provision.

As to the issuance of subpoenas and
administration of oaths for the conduct of a
hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.