HARRY HUGHES, Governor

89

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
not have the power to refuse to renew a license
or a limited license under § 2-313 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 §
2-313 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 § 2-315 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.