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Session Laws, 1988
Volume 770, Page 3830   View pdf image
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Ch. 563

LAWS OF MARYLAND

a licensee and, consequently, that the review
procedures of § 4-330 of this subtitle be available to
the licensee after a final Commission decision to
reprimand. This change is made to conform to other
occupational board provisions found throughout the
Code and to meet fundamental requirements of fairness.

The reference in subsection (b) of this section to
Title 10, Subtitle 2 of the State Government Article
is standard language added to demonstrate clearly the
intended application of that subtitle to
administrative hearings under this section.

Subsections (d) through (f) of this section include
only those provisions that appear to add to the
provisions of Title 10, Subtitle 2 of the State
Government Article. Thus, the former references to
the determination of the time and place of the
hearing, and to the right to call witnesses are
deleted as essentially repetitious of rights already
provided in Title 10, Subtitle 2 of the State
Government Article.

In subsection (d) of this section, the former detailed
provisions on giving notice are deleted as
unnecessary. The revised language conforms to that
used in other business occupations titles in this
article.

In subsection (d)(2) of this section, the reference to
an "associate real estate broker" is added in
conformity with provisions added throughout this title
to provide a licensing scheme for associate real
estate brokers. See the General Subcommittee Comment
to this title.

Also in subsection (d)(2) of this section, the phrase
"at least 10 days before the hearing" is added, on the
recommendation of the Joint Subcommittee on the
Business Occupations Article, to clarify that the same
time frame for providing notice applies both to
individuals against whom actions are brought and to
real estate brokers with whom real estate salespersons
or associate real estate brokers are affiliated.

As to subsection (e) of this section, the statement
that the individual may appear with counsel is
implicit in the scheme of the procedural provisions
under Title 10, Subtitle 2 of the State Government
Article; however, since this provision was stated
explicitly in former Art. 56, § 225(a), it is retained
in this section.

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Session Laws, 1988
Volume 770, Page 3830   View pdf image
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