Ch. 109

LAWS OF MARYLAND

Procedure Act] SAME RULES OF LAW, EVIDENCE AND PROCEDURE AS ARE
APPLICABLE TO THE ATTORNEY GRIEVANCE COMMISSION UNDER SUBTITLE BV
OF THE MARYLAND RULES OF PROCEDURE EXCEPT THAT FACTUAL FINDINGS
SHALL BE SUPPORTED BY CLEAR AND CONVINCING EVIDENCE.

(c)  The individual may be represented at the hearing by
counsel.

(d)  If after due notice the individual against whom the
action is contemplated fails or refuses to appear, nevertheless
the [Commission] HEARING OFFICER may hear and [determine the
matter] REFER THE MATTER TO THE BOARD FOR DISPOSITION.

(E)  AFTER PERFORMING ANY NECESSARY HEARING UNDER THIS
SECTION, THE HEARING OFFICER SHALL REFER PROPOSED FACTUAL
FINDINGS TO THE BOARD FOR THE BOARD'S DISPOSITION.

(F) THE BOARD MAY ADOPT REGULATIONS TO GOVERN THE TAKING OF
DEPOSITIONS AND DISCOVERY IN THE HEARING OF CHARGES.

(G) THE HEARING OF CHARGES MAY NOT BE STAYED OR CHALLENGED
BY ANY PROCEDURAL DEFECTS ALLEGED TO HAVE OCCURRED PRIOR TO THE
FILING OF CHARGES.

14-506.

(a)  Following the filing of charges, if a majority of the
full authorized membership of the [Commission] BOARD finds that
there are grounds for action under § 14-504 of this subtitle, the
[Commission] BOARD shall pass an order in accordance with the
Administrative Procedure Act.

(b)  After the charges are filed, if the [Commission] BOARD
finds that there are no grounds for action under § 14-504 of this
subtitle, the [Commission] BOARD:

(1)  Immediately shall dismiss the charges and
exonerate the licensee;

(2)  Shall expunge all records of the charges; and

(3)  May not take any further action on the charges.

14-507.

(a) [The Commission shall file with the Board any order of
Commission action under § 14-504 of this subtitle.

(b)] An order of suspension or revocation is effective, in
accordance with its terms and conditions, as soon as the
[Commission] BOARD files it [with the Board] UNDER THIS TITLE.

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