Ch. 3

LAWS OF MARYLAND

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)  SUBPOENAS.

(1)  THE BOARD" MAY ISSUE A SUBPOENA FOR THE ATTENDANCE
OF A WITNESS TO TESTIFY OR THE PRODUCTION OF EVIDENCE IN
CONNECTION WITH ANY PROCEEDING UNDER THIS SECTION.

(2)  IF A PERSON FAILS TO COMPLY WITH A SUBPOENA
ISSUED UNDER THIS SUBSECTION, ON PETITION OF THE BOARD, A CIRCUIT
COURT MAY COMPEL COMPLIANCE WITH THE SUBPOENA.

(E)  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: Subsections (a) through (d) of this section
formerly appeared as Art. 75A, § 2-317.

Subsection (e) 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.

In subsection (a) of this section, the word "final" is
added to modify the word "action", for clarity and
conformity to similar provisions elsewhere in this
article.

In subsection (d)(1) of this section, the phrase "to
testify" is added to clarify that the subpoena of the
Board requires not merely attendance but also
compliance with an order to testify.

The only other changes are in style.

As to judicial review, see § 2-209 of this title.

Defined terms: "Board" § 2-101

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