PARRIS N. GLENDENING, Governor

Ch. 615

(e)     Over the signature of an officer or the executive director of the Board, the
Board may issue subpoenas and administer oaths in connection with any investigation
under this title and any hearings or proceedings before it.

(f)     If, without lawful excuse, a person disobeys a subpoena from the Board or an
order by the Board to take an oath or to testify or answer a question, then, on petition of
the Board, a court of competent jurisdiction may punish the person as for contempt of
court.

(g)     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.

(H) THE HEARING OF CHARGES AGAINST A PERSON MAY NOT BE STAYED OR
CHALLENGED BY PROCEDURAL DEFECTS ALLEGED TO HAVE OCCURRED PRIOR TO
FILING OF THE CHARGES.

(I) (1) THIS SUBSECTION DOES NOT APPLY TO A CIVIL ACTION BROUGHT
BY A PARTY TO A PROCEEDING BEFORE THE BOARD WHO CLAIMS TO BE
AGGRIEVED BY THE DECISION OF THE BOARD.

(2)     EXCEPT BY THE EXPRESS STIPULATION AND CONSENT OF ALL
PARTIES TO A PROCEEDING BEFORE THE BOARD OR ANY OF ITS INVESTIGATORY
BODIES, IN A CIVIL OR CRIMINAL ACTION:

(I)     THE PROCEEDINGS, RECORDS, OR FILES OF THE BOARD OR
ANY OF ITS INVESTIGATORY BODIES ARE NOT DISCOVERABLE AND ARE NOT
ADMISSIBLE IN EVIDENCE; AND

(II)    ANY ORDER PASSED BY THE BOARD IS NOT ADMISSIBLE IN
EVIDENCE.

(3)     IF ANY MEDICAL OR HOSPITAL RECORD OR ANY OTHER EXHIBIT IS
SUBPOENAED AND OTHERWISE IS ADMISSIBLE IN EVIDENCE, THE USE OF THAT
RECORD OR EXHIBIT IN A PROCEEDING BEFORE THE BOARD OR ANY OF ITS
INVESTIGATORY BODIES DOES NOT PREVENT ITS PRODUCTION IN ANY OTHER
PROCEEDING.

12-316.

(a) Except as provided in this section for an action under § 12-313 of this subtitle,
any person aggrieved by a final decision of the Board in a contested case, as defined in
the Administrative Procedure Act, may:

(1) Appeal that decision to the Board of Review; and

(2) Then take any further appeal allowed by the Administrative Procedure

Act.

(b) (1) Any person aggrieved by a final decision of the Board under § 12-313 of
this subtitle may not appeal to the Secretary or Board of Review but may take a direct
judicial appeal.

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