WILLIAM DONALD SCHAEFER, Governor

Ch. 3

(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 PERSON 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, § 2-412.

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.

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
"Person" § 1-101

2-413. LIMITATIONS ON EXPIRATION AND SURRENDER OF PERMIT.

(A) EXPIRATION PREVENTED.

(1)  FOR THE LIMITED PURPOSE SET FORTH IN PARAGRAPH
(2) OF THIS SUBSECTION, A PERMIT SHALL REMAIN IN EFFECT AND MAY
NOT EXPIRE BY OPERATION OF LAW WHILE THE PERMIT HOLDER IS UNDER
INVESTIGATION BY THE BOARD OR AWAITING A HEARING OR DISPOSITION
ON CHARGES SUBJECT TO DISCIPLINARY ACTION UNDER THIS SUBTITLE.

(2)  ANY EXTENSION OF A PERMIT TERM CAUSED UNDER THIS
SUBSECTION IS EFFECTIVE ONLY FOR THE PURPOSE OF RETAINING THE
JURISDICTION OF THE BOARD OVER THE PERMIT HOLDER DURING THE

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