ROBERT L. EHRLICH, JR., Governor                             Ch. 387

(13)   Refuses, withholds from, denies, or discriminates against an
individual with regard to the provision of professional services for which the person is
licensed and qualified to render because the individual is HIV positive;

(14)   Fails to display the notice required under § 1A-313 of this subtitle;
[or]

(15)   Fails to cooperate with a lawful investigation conducted by the Board;

(16)    COMMITS ANY ACT OF GROSS NEGLIGENCE, INCOMPETENCE, OR
MISCONDUCT IN THE PRACTICE OF ACUPUNCTURE;

(17)    ENGAGES IN A COURSE OF CONDUCT THAT IS INCONSISTENT WITH
GENERALLY ACCEPTED PROFESSIONAL STANDARDS IN THE PRACTICE OF
ACUPUNCTURE; OR

(18)    FAILS TO COMPLY WITH ANY BOARD ORDER
1A-310.

(a)     Except as provided in the Administrative Procedure Act, before the Board
takes any action under § 1A-309 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) (1) THE BOARD CHAIRMAN MAY DELEGATE THE AUTHORITY TO
CONDUCT A HEARING TO A COMMITTEE CONSISTING OF THREE OR MORE BOARD
MEMBERS.

(2) THE COMMITTEE SHALL:

(I) HOLD AN EVIDENTIARY HEARING; AND

(II) PREPARE A RECOMMENDED DECISION FOR CONSIDERATION BY
A QUORUM OF THE BOARD, WHICH MAY INCLUDE MEMBERS OF THE COMMITTEE.

(3) THE COMMITTEE SHALL GIVE TO EACH PARTY THAT IS THE SUBJECT
OF THE HEARING NOTICE OF THE OPPORTUNITY TO FILE EXCEPTIONS AND PRESENT
ARGUMENTS TO THE BOARD REGARDING THE DECISION OF THE COMMITTEE.

[(d)](E) 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)](F) If, after due notice, the individual against whom the action is
contemplated fails or refuses to appear, the Board may hear and determine the
matter.

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