WILLIAM DONALD SCHAEFER, Governor

Ch. 3

IF, AFTER DUE NOTICE, THE PERSON 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 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 (e) of this section is standard language
added to clarify that, after the accused person has
been given proper notice, the Board may proceed with a
hearing even if the person fails to appear.

The introductory language 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 (d) of this section, the former
reference to "registered" mail is deleted for
consistency. Art. 1, § 20 of the Code provides that
"certified mail" includes "registered mail".

The express inclusion of the power to reprimand a
permit holder in § 4-523 of this subtitle, when read
with this section, results in new express requirements
that a hearing be held before the Board may reprimand
a permit holder and, consequently, that the review
procedures of § 4-208 of this title be available to
the permit holder after a final Board decision to
reprimand. This change is made to conform to other
occupational board provisions found throughout the
Code and to meet fundamental requirements of fairness.

Defined terms: "Board" § 4-101
"Person" § 1-101

SUBTITLE 6. PROHIBITED ACTS; PENALTIES.

4-601. PRACTICING OR TEACHING WITHOUT LICENSE.

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