802

LAWS OF MARYLAND

Ch. 21

(B) HEARINGS.

EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE SECRETARY TAKES ANY ACTION UNDER
THIS SECTION, THE SECRETARY SHALL GIVE THE APPLICANT OR
PERMIT HOLDER NOTICE AND AN OPPORTUNITY FOR A HEARING.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
the seventh sentence of former Article 43, §
34(a).

Subsection (b) of this section is standard
language added to meet fundamental requirements
of fairness and to conform to Department
practice. it is based on the reference to "due
notice" in the seventh sentence of former Article
43, § 34(a).

The introductory language of subsection (b) of
this section, "{e}xcept as otherwise provided
in the Administrative Procedure Act," clarifies
that the Secretary may take action summarily
against a person under certain circumstances.
See Article 41, § 250A(c) of the Code.

Although former Article 43, § 34(a) specifically
applied to a "permit to operate", subsection (a)
of this section is revised to apply to any permit
-- i.e., a permit to operate or a permit to
represent or service. This change is made in
light of § 17-214 of this subtitle, which
prohibits representing or servicing a medical
laboratory, if the medical laboratory or its
director does not comply with the standards and
qualifications adopted under this subtitle. In
light of this revision, the former reference to
action 'after inspection" is deleted, since
inspection of medical laboratories that are not
in this State is not required.

In subsection (a) of this section, the reference
to suspension or revocation of "the authority to
offer or perform any class of service that the
permit sets forth" is new language added to
reflect current Department practice to restrict
the scope of a permit if a medical laboratory
generally meets the standards, but is deficient
in a specific area. This change is made to avoid
the cumbersome procedure of revocation of a
permit and immediate issuance of a new permit of
more limited scope.

Also in subsection (a) of this section, the