ROBERT L. EHRLICH, JR., Governor                            S.B. 269

(26)    FAILS TO ALLOW AN INSPECTION UNDER § 8-6B-06(10) AND (11) OF
THIS SUBTITLE; OR

(27)    FAILS TO COOPERATE WITH A LAWFUL INVESTIGATION CONDUCTED
BY THE BOARD.

(B) (1) AN INDIVIDUAL WHOSE LICENSE HAS BEEN REVOKED OR
SUSPENDED BY THE BOARD SHALL RETURN THE LICENSE TO THE BOARD.

(2) IF AT THAT TIME THE LICENSE IS LOST, THE INDIVIDUAL SHALL
SEND A SWORN STATEMENT TO THIS EFFECT TO THE BOARD.

8-6B-19.

(C) (A) EXCEPT AS OTHERWISE PROVIDED IN THE ADMINISTRATIVE
PROCEDURE ACT, BEFORE THE BOARD TAKES ANY ACTION UNDER § 8-317 OF THIS
TITLE § 8-6B-17 OR § 8-6B-18 OF THIS SUBTITLE, IT SHALL GIVE THE INDIVIDUAL
PERSON AGAINST WHOM THE ACTION IS CONTEMPLATED AN OPPORTUNITY FOR A
HEARING BEFORE THE BOARD.

(D) (B) THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE ACT.

(E) (C) THE HEARING NOTICE TO BE GIVEN TO THE INDIVIDUAL PERSON
SHALL BE SENT BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, BEARING A
POSTMARK FROM THE UNITED STATES POSTAL SERVICE, TO THE LAST KNOWN
ADDRESS OF THE INDIVIDUAL PERSON AT LEAST 30 DAYS BEFORE THE HEARING.

(F) (D) THE INDIVIDUAL PERSON MAY BE REPRESENTED AT THE HEARING
BY COUNSEL.

(G) (E) (1) THE BOARD MAY ISSUE SUBPOENAS AND ADMINISTER OATHS
IN CONNECTION WITH A PROCEEDING UNDER THIS SECTION.

(2) IF, WITHOUT LAWFUL EXCUSE, AN INDIVIDUAL A PERSON DISOBEYS
A SUBPOENA FROM THE BOARD OR AN ORDER BY THE BOARD TO TAKE AN OATH,
TESTIFY, OR ANSWER A QUESTION, THEN ON PETITION OF THE BOARD; A COURT OF
COMPETENT JURISDICTION:

(I)      SHALL COMPEL COMPLIANCE WITH THE SUBPOENA; AND

(II)     MAY HOLD THE INDIVIDUAL PERSON IN CONTEMPT OF COURT.

(H) (F) IF AFTER DUE NOTICE THE INDIVIDUAL PERSON AGAINST WHOM
THE ACTION IS CONTEMPLATED FAILS OR REFUSES TO APPEAR, NEVERTHELESS THE
BOARD MAY HEAR AND DETERMINE THE MATTER

(I) (G) THE HEARING OF CHARGES MAY NOT BE STAYED OR CHALLENGED
BY PROCEDURAL DEFECTS ALLEGED TO HAVE OCCURRED PRIOR TO THE FILING OF
CHARGES.

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