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Session Laws, 1988
Volume 770, Page 3829   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 563

(2)  THE EXECUTIVE DIRECTOR OF THE COMMISSION; AND

(3)  THE ASSISTANT DIRECTOR OF THE COMMISSION.

(D)  SPECIFIC NOTICE REQUIREMENTS.

(1)  AT LEAST 10 DAYS BEFORE THE HEARING, THE HEARING
NOTICE TO BE GIVEN TO THE INDIVIDUAL SHALL BE:

(I)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(II)  SENT BY CERTIFIED MAIL TO THE LAST KNOWN
BUSINESS ADDRESS OF THE INDIVIDUAL.

(2)  IF THE INDIVIDUAL IS AN ASSOCIATE REAL ESTATE
BROKER OR A REAL ESTATE SALESPERSON, AT LEAST 10 DAYS BEFORE THE
HEARING THE COMMISSION SHALL GIVE NOTICE OF THE HEARING TO EACH
REAL ESTATE BROKER WITH WHOM THE ASSOCIATE REAL ESTATE BROKER OR
THE REAL ESTATE SALESPERSON IS AFFILIATED BY SENDING NOTICE BY
CERTIFIED MAIL TO THE LAST KNOWN BUSINESS ADDRESS OF THE REAL
ESTATE BROKER.

(E)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(F)  FAILURE OR REFUSAL TO APPEAR.

IF AFTER DUE NOTICE THE INDIVIDUAL AGAINST WHOM THE ACTION
IS CONTEMPLATED FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE
COMMISSION MAY HEAR AND DETERMINE THE MATTER.

SUBCOMMITTEE COMMENT: Subsections (a) through (e) of this
section are new language derived without substantive
change from the first and third through seventh
sentences of former Art. 56, § 225(a) and § 221(b),
except as it related to filing an application.

Subsection (f) of this section is new language added
to clarify that, after the accused person has been
given proper notice, the Commission may proceed with a
hearing even if the accused person fails to appear.

In subsection (a) of this section, the introductory
exception is new language added to clarify that the
Commission may summarily take action against an
individual under certain circumstances. See SG §
10-405(b).

The express inclusion of the power to reprimand a
licensee in § 4-322 of this subtitle, when read with
this section, results in new express requirements that
a hearing be held before the Commission may reprimand

- 3829 -

 

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Session Laws, 1988
Volume 770, Page 3829   View pdf image
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