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Session Laws, 1989
Volume 771, Page 713   View pdf image
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WILLIAM DONALD SCHAEFER, Governor

Ch. 3

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

(D)  SPECIFIC NOTICE REQUIREMENTS.

AT LEAST 30 DAYS BEFORE THE HEARING, THE HEARING NOTICE AND
A COPY OF THE COMPLAINT SHALL BE:

(1)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(2)  MAILED TO THE LAST KNOWN ADDRESS OF THE
INDIVIDUAL.

(E)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(F)  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), (d), (e), and (f) of this
section are new language derived without substantive
change from former Art. 56, § 341(d) and, except as it
related to the dismissal of charges, (c).

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.

Subsection (c) of this section is new language added
to state expressly a power of the Board that is
inherent under its authority to conduct a formal
administrative hearing under this section.

In subsections (a)(1), (d), (e), and (f) of this
section, the word "individual" is substituted for the
former words "registrant" and "person", since § 15-318
of this subtitle contemplates action against
applicants for licenses as well as licensees but only
individuals may apply for or hold licenses.

The introductory language of subsection (a)(1) 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).

In subsection (a)(2) of this section, the former
requirement that the hearing be conducted "in

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Session Laws, 1989
Volume 771, Page 713   View pdf image
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