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§ 8-6B-19. Notice and hearing

West's Annotated Code of MarylandHealth OccupationsEffective: April 14, 2015

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 8. Nurses (Refs & Annos)
Subtitle 6b. Electrologists (Refs & Annos)
Effective: April 14, 2015
MD Code, Health Occupations, § 8-6B-19
§ 8-6B-19. Notice and hearing
In general
(a) Except as otherwise provided in the Administrative Procedure Act,1 before the Board takes any action under § 8-6B-17 or § 8-6B-18 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
Application of Administrative Procedure Act
(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Notice by certified mail
(c) The hearing notice to be given to the person shall be sent by certified mail, return receipt requested, to the last known address of the person at least 30 days before the hearing.
Counsel
(d) The person may be represented at the hearing by counsel.
Subpoenas, oaths
(e)(1) The Board may issue subpoenas and administer oaths in connection with a proceeding under this section.
(2) If, without lawful excuse, 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 person in contempt of court.
Absence of individual
(f) If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Procedural defects
(g) The hearing of charges may not be stayed or challenged by procedural defects alleged to have occurred prior to the filing of charges.
Advisory letters
(h)(1) After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the licensee.
(2) The Board may disclose an advisory letter issued under this subsection to the public.
(3) The issuance of an advisory letter under this subsection may not:
(i) Be considered a disciplinary action under § 8-6B-18 of this subtitle; and
(ii) Be reported to any licensing entity, employer, or insurance company as a disciplinary action.

Credits

Added by Acts 2003, c. 422, § 2, eff. July 1, 2003. Amended by Acts 2006, c. 481, § 1, eff. Oct. 1, 2006; Acts 2014, c. 559, § 1, eff. Oct. 1, 2014; Acts 2014, c. 560, § 1, eff. Oct. 1, 2014; Acts 2015, c. 22, § 1, eff. April 14, 2015.

Footnotes

State Government, § 10-101 et seq.
MD Code, Health Occupations, § 8-6B-19, MD HEALTH OCCUP § 8-6B-19
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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