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Session Laws, 1989
Volume 771, Page 160   View pdf image
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Ch. 3

LAWS OF MARYLAND

(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)  OATHS.

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

(D)  SPECIFIC NOTICE REQUIREMENTS.

THE HEARING NOTICE TO BE GIVEN TO THE INDIVIDUAL SHALL BE
SENT BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS OF THE
INDIVIDUAL AT LEAST 10 DAYS BEFORE THE HEARING.

(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 (d) of this section are
new language derived without substantive change from
former Art. 56, § 440(b).

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.

Subsection (c) of this section is standard 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 (e) of this section is standard language
added to clarify that, after the accused individual
has been given proper notice, the Board may proceed
with a hearing even if the person fails to appear.

The introductory clause of subsection (a) 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) of this section, the reference to
"any final action under § 4-316" is substituted for
the former limited reference to suspension or
revocation, to clarify that an applicant who is denied
a license also is entitled to a hearing. Similarly,

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Session Laws, 1989
Volume 771, Page 160   View pdf image
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