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Session Laws, 2004
Volume 801, Page 3005   View pdf image
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ROBERT L. EHRLICH, JR., Governor                           H.B. 353

before the Board takes any action under § 5-311 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 Title
10, Subtitle 2 of the State Government Article.

(c)     The Board may administer oaths in connection with any proceeding under
this section.

(d)     The hearing notice to be given to the individual shall be sent by certified
mail to the last known address of the individual at least 14 days before the hearing.

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

(f)      (1) The Board may issue subpoenas in connection with any proceeding
under this section.

(2) If a person fails to comply with a subpoena issued under this
subsection, on petition of the Board, the circuit court may compel obedience to the
subpoena.

5-313.

(a)     Except as otherwise provided in this section for an action under § 5-311 of
this title, 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 § 5-311
of this title may not appeal to the Secretary or the Board of Review but may take a
direct judicial appeal.

(2) The appeal shall be made pursuant to the provisions on judicial
review of final decisions in Title 10, Subtitle 2 of the State Government Article.

5-314.

(a)     In this section, "dietetic rehabilitation committee" means a committee
that:

(1)     Is defined in subsection (b) of this section; and

(2)     Performs any of the functions listed in subsection (d) of this section.

(b)     For purposes of this section, a dietetic rehabilitation committee is a
committee of the Board or a committee:

(1) Composed equally of members of:

(i) The Maryland Dietetic Association; and

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Session Laws, 2004
Volume 801, Page 3005   View pdf image
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