WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

In subsection (a) of this section, the express
reference to a complaint "by a member of the Board" is
added to clarify that the former reference to "any
person" included the Board itself.

In subsection (b)(2) of this section, the phrase
"other than a member of the Board" is standard
language added to clarify that a member of the Board
who makes a complaint need not make it under oath.

Also in subsection (b)(2) of this section, the
requirement that a complaint be "made under oath" is
substituted for the former requirement that a
complaint be "sworn". See § 1-202 of this article.

In subsection (c) of this section, the word "adequate"
is added to clarify that a complaint may not be based
on charges that former Art. 56, § 473(c) referred to
as "unfounded or trivial".

Also in subsection (c) of this section, the reference

to "grounds for action under § 3-311 of this subtitle"

is substituted for the former list of specific

complaints. This substitution clarifies that, in
order for the Board to act on a complaint, it must be

based on a charge that is actionable under § 3-311 of
this subtitle.

Defined terms: "Board" § 3-101
"Person" § 1-101

3-313. SAME -- HEARINGS.

(A)  RIGHT TO HEARING.

(1)  EXCEPT AS OTHERWISE PROVIDED IN TITLE 10,
SUBTITLE 4 OF THE STATE GOVERNMENT ARTICLE, BEFORE THE BOARD
TAKES ANY FINAL ACTION UNDER § 3-311 OF THIS SUBTITLE, IT SHALL
GIVE THE INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE BOARD.

(2)  A HEARING SHALL BE HELD WITHIN A REASONABLE TIME,
NOT EXCEEDING 6 MONTHS, AFTER THE COMPLAINT IS MADE.

(B)  APPLICATION OF CONTESTED CASE PROVISIONS.

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

(C)  SPECIFIC NOTICE REQUIREMENTS.

AT LEAST 30 DAYS BEFORE THE HEARING, THE HEARING NOTICE AND
A COPY OF THE COMPLAINT SHALL BE:

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