88

LAWS OF MARYLAND

Ch.8

conduct". Under the definition in present Art.
43, § 791(8), violation of the "code of ethics"
is only one of the six present elements of
"unethical conduct".) The Commission concluded
that if the provisions of present Art. 43, §
791(8) were not interpreted as substantive
provisions under this section, all of the
provisions except item (vi) would be totally
without effect and, therefore, should be deleted
in the revision. The Commission chose instead to
give effect to the present statute.

The General Assembly also may wish to consider
whether the provisions of present Art. 43, §
791(8) should be interpreted as prohibited acts.

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

As to the power of the Board to investigate
violations of this title and to enforce its
provisions, see § 2-312 of this subtitle.

2-314. SAME -- HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER §
2-313 OF THIS SUBTITLE OR DENIES A LICENSE OR A 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.