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Session Laws, 1988
Volume 770, Page 3835   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 563

(2) AFTER THE SUMMARY REVOCATION IS EFFECTIVE, AN
OPPORTUNITY TO BE HEARD PROMPTLY BEFORE THE COMMISSION OR, AS
PROVIDED UNDER § 4-327 OF THIS SUBTITLE, BEFORE A HEARING BOARD.

(C)  ELECTION TO HOLD HEARING BEFORE REVOCATION.

(1)  RATHER THAN ORDER SUMMARILY A REVOCATION OF A
LICENSE UNDER THIS SECTION, THE COMMISSION MAY ELECT NOT TO
REVOKE THE LICENSE UNTIL AFTER THE LICENSEE IS GIVEN AN
OPPORTUNITY FOR A HEARING.

(2)  IF THE COMMISSION ELECTS TO GIVE THE LICENSEE AN
OPPORTUNITY FOR A HEARING BEFORE REVOKING THE LICENSE FOR THE
GROUNDS SET FORTH IN THIS SECTION, THE COMMISSION SHALL GIVE
NOTICE AND HOLD THE HEARING IN THE SAME MANNER AS REQUIRED UNDER
§ 4-325 OF THIS SUBTITLE.

(D)  SCOPE OF EVIDENCE.

(1)  IN ANY HEARING HELD ON THE GROUNDS FOR REVOCATION
UNDER SUBSECTION (A) OF THIS SECTION, THE COMMISSION MAY RESTRICT
THE ADMISSION OF EVIDENCE TO THE ISSUE WHETHER:

(I)  THE ALLEGED CONVICTION IN FACT OCCURRED; OR

(II)  THE ALLEGED REVOCATION IN FACT OCCURRED.

(2)  NOTWITHSTANDING PARAGRAPH (1) OF THIS SUBSECTION,
IN ANY HEARING HELD ON THE GROUNDS FOR REVOCATION UNDER
SUBSECTION (A) OF THIS SECTION, A LICENSEE MAY PRESENT MATTERS IN
MITIGATION OF THE OFFENSE CHARGED.

SUBCOMMITTEE COMMENT: Subsection (a) of this section is new
language derived without substantive change from
former Art. 56, § 224(p) and (q) and the second
sentence of § 225(a).

Subsection (b) of this section is new language added
to provide expressly for an opportunity for a prompt
hearing after a revocation is ordered summarily by the
Commission.

Subsection (c) of this section is new language added
to provide expressly that the Commission may elect to
take disciplinary action for the grounds enumerated in
this section without using a summary procedure.

Subsection (d)(1) of this section is new language
added to clarify that for any hearing held on the
grounds enumerated under this section, the Commission
may limit the scope of admissible testimony.

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Session Laws, 1988
Volume 770, Page 3835   View pdf image
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