WILLIAM DONALD SCHAEFER, Governor

Ch. 3

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 (e) of this section is standard language
added 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 exception 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).

Subsection (c) of this section includes only those
provisions that seemed to add to the provisions of
Title 10, Subtitle 2 of the State Government Article.
Thus, the former references to the rights to appear in
person, to cross-examine witnesses, and to present
evidence and witnesses in one's own defense are
deleted as essentially repetitious of rights already
provided under Title 10, Subtitle 2 of the State
Government Article.

As to subsection (d) of this section, the statement
that the individual may appear with counsel is
implicit in the scheme of the procedural provisions
under Title 10, Subtitle 2 of the State Government
Article; however, since this provision was stated
explicitly in former Art. 56, § 317, it is retained in
this section.

The express inclusion of the powers to reprimand a
licensee or suspend a license in § 7-309 of this
subtitle, when read with this section, results in new
express requirements that a hearing be held before the
Board may reprimand a licensee or suspend a license
and, consequently, that the review procedures of §
7-312 of this subtitle be available to the licensee
after a final Board decision to reprimand or suspend.
This change is made to conform to other occupational
board provisions found throughout the Code and to meet
fundamental requirements of fairness.

As to the powers of the Board to issue subpoenas for
the attendance of a witness or the production of
evidence and to administer oaths, see § 7-206 of this
title.

Defined term: "Board" § 7-101

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