1960

LAWS OF MARYLAND

Ch. 240

when advance notice is required, there be at
least a 48-hour delay between giving notice of
intent to suspend and the taking effect of the
suspension.

4-419. HEARINGS.

(A)  RIGHT TO A HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE AND IN
THE ADMINISTRATIVE PROCEDURE ACT, BEFORE THE SECRETARY
DENIES AN APPLICATION FOR A PERMIT OR TAKES ANY ACTION UNDER
§ 4-418 OF THIS SUBTITLE, THE SECRETARY SHALL GIVE THE
PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE SECRETARY.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, THE
SECRETARY SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(C)  SPECIFIC NOTICE AND HEARING DATE REQUIREMENTS.

(1)  WITHIN 48 HOURS AFTER THE PERSON RECEIVES
NOTICE OF THE SECRETARY'S ACTION, A PERSON WHOSE PERMIT HAS
BEEN SUSPENDED OR WHO HAS RECEIVED A NOTICE THAT THE
SECRETARY INTENDS TO SUSPEND THE PERMIT MAY REQUEST A
HEARING.

(2)  WITHIN 72 HOURS AFTER RECEIVING THE REQUEST
FOR A HEARING, THE SECRETARY SHALL HOLD THE HEARING.

(D)  EX PARTE HEARINGS.

IF AFTER DUE NOTICE THE PERSON FOR WHOM THE HEARING IS
HELD FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE SECRETARY
MAY HEAR AND DETERMINE THE MATTER.

REVISOR'S NOTE: Subsections (a), (b), and (c) of this
section are new language derived without
substantive change from former Article 43, § 577
and the second paragraph of § 576.

Subsection (d) of this section is new language
added to clarify that the Secretary may proceed
with the ex parte hearing if the accused person
has been given due notice.

"Except as otherwise provided ... in the
Administrative Procedure Act" is new language
added to subsection (a) of this section to
clarify that the Secretary may summarily take
action against an individual under certain
circumstances. See Article 41, § 250A(c) of the