WILLIAM DONALD SCHAEFER, Governor

Ch. 3

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 individual has
been given proper notice, the Board may proceed with a
hearing even if the individual 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 § 5-407" is substituted for
the former limited reference to suspension or
revocation, to clarify that an applicant who is denied
registration also is entitled to a hearing.
Similarly, the express inclusion of the power to
reprimand an apprentice or student in § 5-407(a) of
this subtitle, when read with this section, results in
new express requirements that a hearing be held before
the Board may reprimand an apprentice or student and,
consequently, that the review procedures of § 5-209 of
this title be available to the apprentice or student
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.

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

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