HARRY HUGHES, Governor

2019

IF A LICENSEE FAILS TO COMPLY WITH A NOTICE GIVEN UNDER
THIS SECTION, THE SECRETARY MAY SUSPEND OR REVOKE THE
LICENSE OF THE LICENSEE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 193(e).

4-814. HEARINGS.

(A)  RIGHT TO HEARING.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY SUSPENDS OR REVOKES A
LICENSE UNDER § 4-813 OF THIS SUBTITLE OR DENIES A LICENSE
TO ANY APPLICANT, THE SECRETARY SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A
HEARING BEFORE THE SECRETARY.

(B)  APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.

THE SECRETARY SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

REVISOR'S NOTE: This section is new language derived
from the references to denials, revocations, and
suspensions in the first sentence and the
reference to a "record" being transmitted to a
court in the third sentence of former Article 43,
§ 193(f).

Although the former law did not state directly
that an opportunity for a hearing is a
prerequisite to suspending, revoking, or denying
a license, former Article 43, § 193(f) seemed to
assume that a hearing would have been held in all
such cases where an appeal is taken.
Furthermore, in practice, the individual was
given an opportunity for a hearing in all such
cases under the former law. Thus, as revised,
this section merely makes express that which
formerly was implied in the law.

4-815. JUDICIAL REVIEW.

(A)' IN GENERAL.

ANY APPLICANT WHO HAS BEEN DENIED A LICENSE AND ANY
LICENSEE AGGRIEVED BY THE SUSPENSION OR REVOCATION OF A
LICENSE UNDER § 4-813 OF THIS SUBTITLE MAY TAKE A JUDICIAL
APPEAL.

(B) APPLICATION OF THE ADMINISTRATIVE PROCEDURE ACT.

THE APPEAL SHALL BE MADE IN ACCORDANCE WITH THE