HARRY HUGHES, Governor

713

18-311. SAME -- HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
18-310 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR
A HEARING BEFORE THE BOARD.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

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

(C)  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: Subsections (a) and (b) of this section
are new language derived without substantive
change from the first sentence of Art. 43, §
869(b).

Subsection (c) 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.

Also in subsection (a) of this section, the
present statement that the Board may not refuse
to renew a license without a hearing is deleted
as unnecessary since the Board does not have the
power to refuse to renew a license under § 18-310
of this subtitle. See also the revisor's notes
to that section.

As to subsection (a) of this section, present
Art. 43, § 869(b) does not require expressly a
hearing before the Board may reprimand a
licensee. However, in conformity with other
specific present provisions of Art. 43, and to
meet fundamental requirements of fairness,
subsection (a) of this section is revised to
clarify that the hearing requirements of this
section and, consequently, the review procedures
of § 18-312 of this subtitle apply to a
proceeding to reprimand a licensee.