WILLIAM DONALD SCHAEFER, Governor

Ch. 3

Subsection (f) of this section is added as standard
language 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 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 § 5-523" is substituted for
the former limited reference to suspension or
revocation, to clarify that an applicant who is denied
a permit also is entitled to a hearing. Similarly,
the express inclusion of the power to reprimand a
permit holder in § 5-523 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 § 5-209 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.

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
behalf" and "to confront the witnesses against him or
her" are deleted as essentially repetitious of the
rights already provided in Title 10, Subtitle 2 of the
State Government Article.

As to subsection (d) of this section, the statement
that the person 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 is 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

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