Ch. 3

LAWS OF MARYLAND

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION
UNDER § 5-523 OF THIS SUBTITLE, IT SHALL GIVE THE PERSON AGAINST
WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A HEARING
BEFORE THE BOARD.

(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)  SPECIFIC NOTICE REQUIREMENTS.

THE HEARING NOTICE TO BE GIVEN TO THE PERSON SHALL BE SERVED
AT LEAST 5 DAYS BEFORE THE HEARING.

(D)  RIGHT TO COUNSEL.

THE PERSON MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(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 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 (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.

- 276 -