Ch. 252

2003 LAWS OF MARYLAND

licensee is convicted of or pleads guilty or nolo contendere with respect to a crime
involving moral turpitude, whether or not any appeal or other proceeding is pending
to have the conviction or plea set aside.

(2) After completion of the appellate process if the conviction has not
been reversed or the plea has not been set aside with respect to a crime involving
moral turpitude, the Board shall order the revocation of a license on the certification
by the Office of the Attorney General.

14-405.

(a) Except as otherwise provided in the Administrative Procedure Act, before
the Board takes any action under § 14-404(a) of this subtitle or § 14-5A-17(a) of this
title, it shall give the individual against whom the action is contemplated an
opportunity for a hearing before a hearing officer OR THE SUBCOMMITTEE OF THE
BOARD ESTABLISHED UNDER SUBSECTION (B) OF THIS SECTION.

(B) THE CHAIRMAN OF THE BOARD MAY DELEGATE THE AUTHORITY TO
CONDUCT A HEARING TO A SUBCOMMITTEE CONSISTING OF THREE OR MORE BOARD
MEMBERS.

[(b)](C) (1) The hearing officer OR THE SUBCOMMITTEE OF THE BOARD
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].

(2)      EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
FACTUAL FINDINGS SHALL BE SUPPORTED BY A PREPONDERANCE OF THE
EVIDENCE.

(3)      FACTUAL FINDINGS SHALL BE SUPPORTED BY CLEAR AND
CONVINCING EVIDENCE IF THE CHARGE OF THE BOARD IS BASED ON § 14-404(A)(22),
§ 14-5A-17(A)(18), OR § 14-5B-14(A)(18) OF THIS TITLE.

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

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

[(e)](F) After performing any necessary hearing under this section, the
hearing officer OR THE SUBCOMMITTEE OF THE BOARD shall refer proposed factual
findings to the Board for the Board's disposition.

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

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

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