Ch. 3

LAWS OF MARYLAND

solicitation, and use of unfair or deceptive trade
practices, is deleted as unnecessary since all of the
enumerated grounds are prohibited acts and, thus,
disciplinary action is authorized under item (4) of
this section. This deletion also ensures that future
changes in the law do not result in discrepancies.

Defined terms: "Board" § 8-101
"License" § 8-101 "Person" § 1-101

8-313. SAME -- HEARINGS.

(A)  RIGHT TO HEARING.

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE BOARD TAKES ANY FINAL ACTION
UNDER § 8-312 OF THIS SUBTITLE OR DENIES A LICENSE FOR ANY OTHER
REASON, IT SHALL GIVE THE INDIVIDUAL 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 AND WITH § 8-311(C) OF THIS SUBTITLE.

(C)  FAILURE OR REFUSAL TO APPEAR.

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: Subsection (a) of this section is new
language derived without substantive change from
former Art. 56, § 527(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 and to provide a convenient
reference to the notice requirements that apply to a
hearing under this section.

Subsection (c) 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).

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