WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(E)  SUBPOENAS.

(1)  THE BOARD MAY ISSUE A SUBPOENA FOR THE ATTENDANCE
OF A WITNESS OR THE PRODUCTION OF EVIDENCE IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

(2)  A SUBPOENA ISSUED UNDER THIS SUBSECTION SHALL BE
SERVED BY:

(I.) CERTIFIED MAIL; OR

(II) THE SHERIFF OF THE COUNTY WHERE THE PERSON
TO BE SERVED RESIDES.

(F)  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 former Art. 56, § 495(b) and the second
sentence and, as it related to proceedings to revoke
or suspend licenses, the first sentence of (a).

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 (f) of this section is standard language
added to clarify that, after an accused person 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 § 5-320" 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,
the express inclusion of the power to reprimand a
licensee in § 5-320(a) of this subtitle, when read
with this section, results in new express requirements
that a hearing be held before the Board may reprimand
a licensee and, consequently, that the review
procedures of § 5-209 of this title be available to

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