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Session Laws, 1989
Volume 771, Page 242   View pdf image
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Ch. 3

LAWS OF MARYLAND

the licensee 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.

Also in subsection (a) of this section, the former

reference to holding a hearing before the "secretary"

of the Board is deleted as obsolete. See the
revisor's note to § 5-204 of this title.

As to subsection (d) of this section, the statement
that the individual may appear with counsel is
implicit in the scheme of procedural provisions under
Title 10, Subtitle 2 of the State Government Article;
however, since this provision was stated explicitly in
former Art. 56, § 495(b), it is retained in this
section.

As to judicial review, see § 5-209 of this title.

Defined terms: "Board" § 5-101
"County" § 1-101 "Person" § 1-101

5-322. REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE.

THE BOARD MAY REINSTATE THE LICENSE OF AN INDIVIDUAL WHOSE
LICENSE HAS BEEN SUSPENDED OR REVOKED UNDER § 5-320 OF THIS
SUBTITLE IF THE INDIVIDUAL:

(1)  APPLIES TO THE BOARD FOR REINSTATEMENT OF THE
LICENSE; AND

(2)  PROVIDES TO THE BOARD ADEQUATE EVIDENCE THAT THE
APPLICANT IS QUALIFIED TO HAVE THE LICENSE REINSTATED.

REVISOR'S NOTE: This section is new language derived
without substantive change from the third sentence of
former Art. 56, § 495(a).

Item (2) of this section is revised to state clearly
that which only was implied by the former reference to
"satisfactory proof that the disqualification has
ceased" -- i.e., the Board may reinstate a license if
the applicant is qualified.

- 242 -

Subsections (c) and (e) of this section include only
those provisions that appear to add to the provisions
of Title 10, Subtitle 2 of the State Government
Article. Thus, the former references to the rights to
a "full opportunity to produce testimony in his or her
behalf" and "to confront the witnesses against him or
her" are deleted as essentially repetitious of rights
already provided in Title 10, Subtitle 2 of the State
Government Article.

 

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Session Laws, 1989
Volume 771, Page 242   View pdf image
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