WILLIAM DONALD SCHAEFER, Governor

Ch. 3

REVISOR'S NOTE: This section formerly appeared as Art. 56,
§ 562.

The only changes are in style.

Defined terms: "Person" § 1-101
"Superintendent" § 13-101

13-315. SAME -- HEARING.

(A)  RIGHT TO HEARING.

EXCEPT AS OTHERWISE PROVIDED IN TITLE 10, SUBTITLE 4 OF THE
STATE GOVERNMENT ARTICLE, BEFORE THE SUPERINTENDENT TAKES ANY
FINAL ACTION UNDER § 13-313 OF THIS SUBTITLE, THE SUPERINTENDENT
SHALL GIVE THE PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE SUPERINTENDENT.

(B)  APPLICATION OF CONTESTED CASE PROVISIONS.

THE SUPERINTENDENT SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

(C)  OATHS.

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

(D)  SPECIFIC NOTICE REQUIREMENTS.

THE HEARING NOTICE TO BE GIVEN TO THE PERSON SHALL BE
WRITTEN AND SENT AT LEAST 10 DAYS BEFORE THE HEARING.

(E)  RIGHT TO COUNSEL.

THE PERSON MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(F)  FAILURE OR REFUSAL TO APPEAR.

IF, AFTER DUE NOTICE, THE PERSON AGAINST WHOM THE ACTION IS
CONTEMPLATED FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE
SUPERINTENDENT MAY HEAR AND DETERMINE THE MATTER.

REVISOR'S NOTE: Subsections (a) through (e) of this section
formerly appeared as Art. 56, § 563.

Subsection (f) of this section is new language added
to clarify that, after an accused person has been
given proper notice, the Superintendent may proceed
with a hearing even if the person fails to appear.

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