Ch. 3

LAWS OF MARYLAND

(1)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(2)  MAILED TO THE LAST KNOWN ADDRESS OF THE
INDIVIDUAL.

(D)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(E)  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.

REVISOR'S NOTE: Subsections (a) and (c) through (e) of this
section are new language derived without substantive
change from the second and third sentences and the
second clause of the first sentence of former Art. 56,
§ 473(d) and, as it limited the time for hearings,
(c).

Subsection (b) of this section is standard language
added to demonstrate clearly the intended application
of the referenced subtitle to administrative hearings
under this section.

In subsections (a)(1), (c), (d), and (e) of this
section, the word "individual" is substituted for the
former words "registrant" and "person", since § 3-311
of this subtitle contemplates action against
applicants for licenses as well as licensees but only
individuals may apply for or hold licenses.

The introductory language of subsection (a)(i) of this
section, "[e]xcept as otherwise provided in Title 10,
Subtitle 4 of the State Government Article," is added
to clarify that the Board may act summarily under
certain circumstances. See SG § 10-405(b).

In subsection (a)(2) of this section, the former
requirement that the hearing be conducted "in
accordance with ... regulations adopted by the Board"
is deleted as unnecessary in light of SG § 10-204,
which specifically requires adoption of regulations to
govern hearings.

Subsection (c) of this section includes only those
provisions of the former law that seemed to add to the
provisions of Title 10, Subtitle 2 of the State
Government Article. Thus, the former references to
the rights to appear in person, to cross-examine

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