HARRY HUGHES, Governor

4609

(1)  Written demand to cease and desist from an
alleged violation is served upon the alleged violator
specifying:

(i) The alleged violation;

(ii) The action required to abate the
violation; and

(iii) A time period, not less than 10
days, during which the violation may be abated without
further sanction, if the violation is a continuing one, or a
statement that any further violation of the same rule may
result in the imposition of sanction after notice and
hearing if the violation is not continuing.

(2)  Within 12 months of the demand, if the
violation continues past the period allowed in the demand
for abatement without penalty or if the same rule is
violated subsequently, the board serves the ALLEGED violator
with written notice of a hearing to be held by the board in
session. The notice shall contain:

(i) The nature of the alleged violation;

(ii) The time and place of the hearing,
which time may be not less than 10 days from the giving of
the notice;

(iii) An invitation to attend the hearing
and produce any statement, evidence, and witnesses on his or
her behalf; and

(iv) The proposed sanction to be imposed.

(3)  A hearing occurs at which the alleged
violator has the right to present evidence and present and
cross-examine witnesses. The hearing shall be held in
executive session pursuant to this notice and shall afford
the [member] ALLEGED VIOLATOR a reasonable opportunity to be
heard. Prior to the effectiveness of any sanction
hereunder, proof of notice and the invitation to be heard
shall be placed in the minutes of the meeting. This proof
shall be deemed adequate if a copy of the notice, together
with a statement of the date and manner of delivery, is
entered by the officer or director who delivered the notice.
The notice requirement shall be deemed satisfied if [a] THE
ALLEGED violator appears at the meeting. The minutes of the
meeting shall contain a written statement of the results of
the hearing and the sanction, if any, imposed.

(4)  A decision pursuant to these procedures
shall be appealable to the Courts of Maryland.