PARRIS N. GLENDENING, Governor

Ch. 516

Article - State Government
Section 8-403(e)
Annotated Code of Maryland
(1995 Replacement Volume)

BY adding to

Article - State Government
Section 8-403(1)
Annotated Code of Maryland
(1995 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section(s) 14-507 of Article - Health Occupations of the Annotated
Code of Maryland be repealed.

SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland
read as follows:

Article - Health Occupations

14-405.

(a)     Except as otherwise provided in the Administrative Procedure Act, before the
Board takes any action under § 14-404 of this subtitle or § 14-303 [or], § 14-305, OR §
14-5A-17 of this title, it shall give the individual against whom the action is contemplated
an opportunity for a hearing before a hearing officer.

(b)     The hearing officer shall give notice and hold the hearing in accordance with
the Administrative Procedure Act except that factual findings shall be supported by clear
and convincing evidence.

(c)     The individual may be represented at the hearing by counsel.

(d)     If after due notice the individual against whom the action is contemplated fails
or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the
Board for disposition.

(e)     After performing any necessary hearing under this section, the hearing officer
shall refer proposed factual findings to the Board for the Board's disposition.

(f)     The Board may adopt regulations to govern the taking of depositions and
discovery in the hearing of charges.

(g)     The hearing of charges may not be stayed or challenged by any procedural
defects alleged to have occurred prior to the filing of charges.

14-408.

(a) Except as provided in this section for an action under § 14-404 of this subtitle
OR § 14-5A-17 OF THIS TITLE, any person aggrieved by a final decision of the Board in a
contested case, as defined in the Administrative Procedure Act, may:

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