Ch. 647

LAWS OF MARYLAND

THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

(C)  OATHS.

THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

(D)  FAILURE OR REFUSAL TO APPEAR.

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

COMMITTEE COMMENT: Subsection (a) of this section is new
language derived from the reference to a hearing in
the introductory language of former Art. 56, § 453(e).

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

Subsection (c) of this section is new language added
to state expressly a power of the Board that is
inherent under its authority to conduct a formal
administrative hearing under this section.

Subsection (d) of this section is new language added
to clarify that the Board may proceed with the hearing
if the accused individual has been given due notice.

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

In subsection (a) of this section, the former
reference to "allowing all interested parties to
testify" is deleted as overly broad and unnecessary in
light of subsection (b) of this section.

Defined term: "Board" § 3-101

3-314. JUDICIAL REVIEW.

ANY PERSON AGGRIEVED BY A FINAL DECISION OF THE BOARD IN A
CONTESTED CASE, AS DEFINED IN § 10-201 OF THE STATE GOVERNMENT
ARTICLE, MAY TAKE AN APPEAL AS ALLOWED IN §§ 10-215 AND 10-216 OF
THE STATE GOVERNMENT ARTICLE.

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