Ch. 3

LAWS OF MARYLAND

(C) CHAIRMAN.

FROM AMONG THE MEMBERS OF THE HEARING BOARD, THE COMMISSION
SHALL DESIGNATE A CHAIRMAN.

REVISOR'S NOTE: This section formerly appeared as Art. 56A,
§ 4-326.

The only changes are in style.

Defined terms: "Commission" § 16-101

"Consumer member" § 1-101 "Department" § 1-101

"Hearing board" § 16-101 "Secretary" § 1-101

16-326. REFERRAL OF CASES; PROCEDURE BEFORE HEARING BOARD.

(A)  REFERRAL BY COMMISSION.

THE COMMISSION MAY REFER TO A HEARING BOARD FOR A HEARING:

(1)  ANY COMPLAINT THAT HAS BEEN SUBMITTED TO THE
COMMISSION; AND

(2)  ANY MATTER FOR WHICH A HEARING MAY BE REQUIRED
UNDER § 16-327 OR § 16-328 OF THIS SUBTITLE.

(B)  PROCEDURES.

THE HEARING BOARD MAY EXERCISE THE SAME POWERS AND SHALL
CONDUCT A HEARING IN ACCORDANCE WITH THE SAME PROCEDURES
APPLICABLE TO THE COMMISSION UNDER § 16-324 OF THIS SUBTITLE.

(C)  FINDINGS AND DISPOSITION; REPORT TO COMMISSION.

(1)  THE HEARING BOARD SHALL DETERMINE IF THERE IS A
REASONABLE BASIS TO BELIEVE THAT THERE ARE GROUNDS FOR
DISCIPLINARY ACTION UNDER § 16-322 OF THIS SUBTITLE AGAINST AN
APPLICANT OR LICENSEE.

(2)  (I) IF THE HEARING BOARD FINDS A REASONABLE BASIS
AS PROVIDED UNDER PARAGRAPH (1) OF THIS SUBSECTION, THE HEARING
BOARD SHALL:

1.  HOLD A HEARING ON THE MATTER; AND

2.  FILE ITS FINDING WITH THE COMMISSION.

(II) IF THE HEARING BOARD DOES NOT FIND A
REASONABLE BASIS AS PROVIDED UNDER PARAGRAPH (1) OF THIS
SUBSECTION, THE HEARING BOARD SHALL DISMISS THE COMPLAINT.

(3)  A HEARING BOARD SHALL ADVISE THE COMMISSION
SPECIFICALLY OF ANY ACTION BROUGHT AGAINST A LICENSEE AS A RESULT
OF MONETARY LOSS, MISAPPROPRIATION OF MONEY, OR FRAUD.

- 786 -