Ch. 3                                           LAWS OF MARYLAND

Subsection (c) of this section is new language derived
without substantive change from former Art. 74, § 12,
as that section related to revocation of the license
of a licensee who refuses to aid a vessel in distress
in certain locations.

In the introductory language of subsection (a) of this
section, the power to "deny a license to any
applicant" is a standard provision added to state
expressly that which only was implied in the former
law -- i.e., the Board may deny a license or limited
license to an applicant who violates a disciplinary
provision under this section.

Defined terms: "Board" § 11-101
"License" § 11-101 "Pilot" § 11-101
"Provide pilotage" § 11-101

11-410. 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 § 11-409 OF THIS SUBTITLE, 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.

(C)  OATHS.

THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

(D)  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 standard
language added to state expressly that, except under
certain circumstances when the Board may act
summarily, an individual is entitled to a hearing
before the Board takes disciplinary action against the
individual. Former Art. 74 did not expressly require
a hearing before the Board could deny a license,
reprimand a licensee, or suspend or revoke a license.

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