746

LAWS OF MARYLAND

Ch.8

not have the power to refuse to renew a license
or a limited license under § 19-313 of this
subtitle. Under Art. 41, § 250A(b) of the
Administrative Procedure Act, if a licensee or
limited license holder makes timely application
for renewal, the license or limited license does
not expire until the Board has acted on the
application and the time for appeal has run.
Under both Art. 41, § 250A(c) and this section
ordinarily the Board must give the licensee or
limited license holder an opportunity for a
hearing before taking disciplinary action under §
19-313 of this subtitle. If the Board finds
grounds for disciplinary action, it may suspend
or revoke the license or limited license, and
there is no need for a hearing on a refusal to
renew a license or a limited license.

Also as to subsection (a) of this section,
present Art. 43, § 807 does not require expressly
a hearing before the Board may reprimand a
licensee or limited license holder. However, in
conformity with other specific provisions of Art.
43, and to meet fundamental requirements of
fairness, this section is revised to clarify that
the hearing requirements of this section and,
consequently, the review procedures of § 19-315
of this subtitle apply to a proceeding to
reprimand a licensee or limited license holder.

Also as to subsection (a) of this section, the
attention of the General Assembly is called to
the fact that the hearing provision for any
license denial is unique to the Audiologist and
Speech Pathologist titles of this article. In
all of the other health occupations a hearing
before a license denial is obtainable only for a
license denial on disciplinary grounds.

The reference in subsection (b) of this section
to the Administrative Procedure Act 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 the
procedures for the administrative hearings under
this section.

As to the power of the Board to issue subpoenas,
administer oaths, and examine witnesses, see §
19-312(a)(2) of this subtitle.

19-315. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A) IN GENERAL.