WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

REVISOR'S NOTE: The introductory clause and items (3)
through (8) of this section are new language derived
without substantive change from former Art. 56, §
440(a).

Items (1) and (2) of this section are new language
added to conform to almost all of the occupational
licensing acts adopted by the General Assembly in the
past several years. See, e.g., the comparable
sections on disciplinary actions in the various titles
of the Health Occupations Article. The General
Assembly expressly decided that the language of these
items was to be included in each of those sections as
a fundamental ground for disciplining an applicant or
licensee.

In the introductory clause of this section, the
reference to the power of the Board to reprimand a
licensee is added to state specifically a power that
is inherent in the express power to suspend or revoke
a license. This addition conforms to the practice of
the Board.

In item (4) of this section, the phrase "under the
influence of any drug" is substituted for the former
reference to engaging "in habitual pattern of ...
drug use", which was too broad because the habitual
use of drugs may not be drug abuse, but may be for
therapeutic purposes. The substituted language tries
to narrow the scope of the former provision by
limiting it to a condition that could interfere with
the ability of an applicant or licensee to practice
barbering.

As to the effect of suspension or revocation of an
assistant barber teacher license on a substitute
barber teacher license, see § 4-314 of this subtitle.

Defined terms: "Barbershop" § 4-101
"Board" § 4-101 "License" § 4-101
"Practice barbering" § 4-101

4-317. SAME -- HEARINGS.

(A) RIGHT TO HEARING.

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION
UNDER § 4-316 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A
HEARING BEFORE THE BOARD.

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