HARRY HUGHES, Governor

2477

the Secretary to reprimand a licensee is added to
state specifically a power that is inherent in
the express power to suspend or revoke a license.

Items (1) and (2) of this section are new
language added to conform to similar provisions
governing health occupations in the Health
Occupations Article. They state fundamental
grounds for disciplining a licensee -- the use of
fraud or deception to obtain a license and the
fraudulent or deceptive use of a license. For
examples of such provisions in the law, see HO §
12-311(b)(l) and (2), as to pharmacists and HO §
14-504(1) and (2), as to physicians.

11-428. HEARINGS.

(A)  RIGHT TO A HEARING.

BEFORE ANY ACTION IS TAKEN UNDER § 11-427 OF THIS
SUBTITLE, THE SECRETARY SHALL GIVE THE LICENSEE 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
without "substantive change from the second clause
of former Article 43, § 67G(b).

The express inclusion of the power to reprimand a
licensee in § 11-427 of this subtitle -- when
read in conjunction with this section -- results
in new express requirements that a hearing be
held before the Secretary may reprimand a
licensee, and consequently, that the review
procedures of § 11-429 of this subtitle be
available to the licensee following a final
decision by the Secretary to reprimand the
licensee. This change is made to conform to
other corresponding licensing provisions of
former Article 43 and to meet fundamental
requirements of fairness.

Subsection (b) of this section is standard
language added to this and, where necessary,
corresponding hearing provisions of this article.
It demonstrates clearly the intended application
of the Administrative Procedure Act, Article 41,
§ 244 et seq. of the Code, to administrative
hearings under this section.

11-429. ADMINISTRATIVE AND JUDICIAL REVIEW.