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§ 14-405. Notice and hearing

West's Annotated Code of MarylandHealth OccupationsEffective: April 18, 2017

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 14. Physicians (Refs & Annos)
Subtitle 4. Disciplinary Actions (Refs & Annos)
Effective: April 18, 2017
MD Code, Health Occupations, § 14-405
§ 14-405. Notice and hearing
Currentness
In general
(a) Except as otherwise provided in the Administrative Procedure Act,1 before the Board or a disciplinary panel takes any action under § 14-404(a) of this subtitle or § 14-205(b)(3), § 14-5A-17(a), § 14-5B-14(a), § 14-5C-17(a), § 14-5D-14(a), § 14-5E-16(a), or § 14-5F-18 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.
Application of Administrative Procedure Act
(b)(1) The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(2) Factual findings shall be supported by a preponderance of the evidence.
Counsel
(c) The individual may be represented at the hearing by counsel.
Absence of individual
(d) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.
Factual findings
(e) After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board's or disciplinary panel's disposition.
Depositions and discovery
(f) The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.
Defects prior to filing charges
(g) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.

Credits

Added as Health Occupations § 14-505 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1988, c. 109, § 1, eff. July 1, 1989. Renumbered as Health Occupations § 14-404 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1996, c. 516, § 2, eff. July 1, 1996; Acts 1997, c. 598, § 1, eff. Oct. 1, 1997; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2001, c. 478, § 1, eff. Oct. 1, 2001; Acts 2001, c. 479, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, 1st Sp.Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017.
Formerly Art. 43, § 130.

Footnotes

1
State Government § 10-101 et seq.
MD Code, Health Occupations, § 14-405, MD HEALTH OCCUP § 14-405
Current with legislation effective through July 1, 2023, from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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