HARRY HUGHES, Governor

745

The reference under present Art. 43, § 799(a)(4)
to the publication of the code of ethics of the
Board now appears in § 19-205(2) of this title.

As to the power of the Board to investigate
violations of this title and to enforce its
provisions, see § 19-312 of this subtitle.

19-314. SAME — HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
19-313 OF THIS SUBTITLE OR DENIES A LICENSE OR LIMITED
LICENSE FOR ANY OTHER REASON, 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)  MAILING OF NOTICE REQUIREMENTS.

ANY NOTICE GIVEN UNDER THIS SECTION SHALL BE SENT BY
FIRST CLASS MAIL TO THE LAST KNOWN ADDRESS GIVEN TO THE
BOARD BY THE INDIVIDUAL.

(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
without substantive change from Art. 43, §
797(c) and the first sentence of § 807.

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 (a) of this section, the present
statement that the Board may not refuse to renew
a license or a limited license without a hearing
is deleted as unnecessary since the Board does