Ch. 134

2003 LAWS OF MARYLAND

(2) The Board determines that there is not sufficient evidence to
reprimand the licensee, place the licensee on probation, or suspend or revoke the
license of the licensee.

(d)     The Board may impose a monetary penalty under this section alone or in
addition to a reprimand, probation, suspension, or revocation.

(e)     By regulation, the Board shall establish standards for the imposition of
penalties under this section.

[16-313.] 16-312.

(a)     The Board may investigate any complaint filed with the Board that alleges
that there are grounds for action under [§ 16-312] § 16-311 of this subtitle.

(b)     After its investigation, the Board, on the affirmative vote of a majority of
its members then serving, may commence action on any of the grounds set forth in [§
16-312] § 16-311 of this subtitle.

(c)      (1) Except as provided in paragraph (2) of this subsection, until the
Board passes an order under [§ 16-315] § 16-314 of this subtitle, each related
investigation, report, and recommendation is confidential.

(2) On the request of a person who has made a complaint to the Board,
the Board shall provide the person with information on the status of the complaint.

[16-314.] 16-313.

(a)     Except as otherwise provided in the Administrative Procedure Act, before
the Board takes any action under [§ 16-312] § 16-311 of this subtitle, it shall give the
individual against whom the action is contemplated an opportunity for a hearing
before the Board.

(b)     The Board shall give notice and hold the hearing in accordance with the
Administrative Procedure Act.

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

(d)     Over the signature of an officer or the administrator 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.

(e)     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.

(f)      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.

(g)     If, after a hearing, an individual is found in violation of [§ 16-312] § 16-311
of this subtitle, the individual shall pay the costs of the hearing as specified in a
regulation adopted by the Board.

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