Ch. 3                                           LAWS OF MARYLAND

is substituted for the former list of specific
complaints, to clarify that, in order for the Board to
act on a complaint, it must be based on a charge that
is actionable under § 7-309 of this subtitle.

Defined terms: "Board" § 7-101
"Person" § 1-101

7-311. SAME -- HEARINGS.

(A)  RIGHT TO HEARING.

(1)  EXCEPT AS OTHERWISE PROVIDED IN TITLE 10,
SUBTITLE 4 OF THE STATE GOVERNMENT ARTICLE, BEFORE THE BOARD
TAKES ANY FINAL ACTION UNDER § 7-309 OF THIS SUBTITLE, IT SHALL
GIVE THE INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE BOARD.

(2)  A HEARING SHALL BE HELD WITHIN 3 MONTHS AFTER THE
COMPLAINT IS MADE.

(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.

AT LEAST 30 DAYS BEFORE THE HEARING, THE HEARING NOTICE AND
A COPY OF THE COMPLAINT SHALL BE:

(1)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(2)  SENT BY CERTIFIED MAIL TO THE LAST KNOWN ADDRESS
OF THE INDIVIDUAL.

(D)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(E)  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), (c), and (d) of this
section are new language derived without substantive
change from the sixth and seventh sentences and,
except as it related to dismissal of a complaint, the
fifth sentence of former Art. 56, § 317.

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