Ch. 563

LAWS OF MARYLAND

SUBCOMMITTEE COMMENT: This section is new language derived
without substantive change from former Art. 56, §
224A(a) and the first sentence of (b), as that
sentence related to the membership of the hearing
board.

Defined terms: "Commission" § 4-101

"Consumer member" § 1-101 "Department" § 1-101

"Hearing board" § 4-101 "Secretary" § 1-101

4-327. REFERRAL OF CASES; PROCEDURE BEFORE HEARING BOARD.

(A)  REFERRAL BY COMMISSION.

THE COMMISSION MAY REFER TO A HEARING BOARD FOR A HEARING:

(1)  ANY COMPLAINT THAT HAS BEEN FILED WITH THE
COMMISSION; AND

(2)  ANY MATTER FOR WHICH A HEARING MAY BE REQUIRED
UNDER §§ 4-438 AND § 4-328 OR § 4-329 OF THIS SUBTITLE.

(B)  PROCEDURES.

THE HEARING BOARD MAY EXERCISE THE SAME POWERS AND SHALL
CONDUCT A HEARING IN ACCORDANCE WITH THE SAME PROCEDURES
APPLICABLE TO THE COMMISSION UNDER § 4-325 OF THIS SUBTITLE.

(C)  FINDINGS AND DISPOSITION; REPORT TO COMMISSION.

(1)  THE HEARING BOARD SHALL DETERMINE IF THERE IS A
REASONABLE BASIS TO BELIEVE THAT THERE ARE GROUNDS FOR
DISCIPLINARY ACTION UNDER § 4-322 OF THIS SUBTITLE AGAINST THE
APPLICANT OR LICENSEE.

(2)  (I) IF THE HEARING BOARD FINDS A REASONABLE BASIS
AS PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE HEARING
BOARD SHALL:

1.  HOLD A HEARING ON THE MATTER; AND

2.  FILE ITS FINDING WITH THE COMMISSION.

(II) IF THE HEARING BOARD DOES NOT FIND A
REASONABLE BASIS AS PROVIDED UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE HEARING BOARD SHALL DISMISS THE COMPLAINT.

(3)  A HEARING BOARD SHALL ADVISE THE COMMISSION
SPECIFICALLY OF ANY ACTION BROUGHT AGAINST A LICENSEE AS A RESULT
OF MONETARY LOSS, MISAPPROPRIATION OF FUNDS, OR FRAUD.

(D)  DECISION OF HEARING BOARD.

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