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§ 8-317. Notice and hearing

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2021

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 8. Nurses (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: October 1, 2021
MD Code, Health Occupations, § 8-317
§ 8-317. Notice and hearing
Right to hearing
(a) Except as otherwise provided in the Administrative Procedure Act,1 before the Board takes any action under § 8-312 or § 8-316 of this subtitle or § 8-404, § 8-6C-20, or § 8-6D-10 of this title, 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 requirements
(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.
Absence of individual
(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Subpoenas, oaths; contempt of court
(f)(1) Over the signature of the president, the executive director, or the deputy director as authorized by the executive director 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.
(2) If a person, without lawful excuse, disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer questions, on petition of the Board a court of competent jurisdiction may compel compliance with the subpoena and hold the individual in contempt of court.
Advisory letters
(g)(1) After the Board conducts an investigation under this title, the Board may issue an advisory letter to the licensee or holder of a multistate licensing privilege.
(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 § 8-316 of this subtitle; and
(ii) Be reported to any licensing entity, employer, or insurance company as a disciplinary action.

Credits

Added as Health Occupations § 7-313 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Renumbered as Health Occupations § 7-314 by Acts 1981, c. 283, § 1, eff. July 1, 1981. Amended by Acts 1982, c. 17, § 7, eff. July 1, 1982; Acts 1983, c. 563, § 1, eff. July 1, 1983; Acts 1984, c. 255, § 1, eff. May 8, 1984; Acts 1984, c. 772, § 1, eff. July 1, 1984; Acts 1985, c. 10, § 3, eff. July 1, 1985. Renumbered as Health Occupations § 8-317 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1993, c. 422, § 1, eff. Oct. 1, 1993; Acts 1998, c. 81, § 1, eff. Oct. 1, 1998; Acts 1998, c. 238, § 1, eff. Oct. 1, 1998; Acts 2006, c. 481, § 1, eff. Oct. 1, 2006; Acts 2008, c. 653, § 1, eff. May 22, 2008; Acts 2014, c. 559, § 1, eff. Oct. 1, 2014; Acts 2014, c. 560, § 1, eff. Oct. 1, 2014; Acts 2015, c. 393, § 1, eff. June 1, 2015; Acts 2018, c. 656, § 1, eff. Oct. 1, 2018; Acts 2021, c. 462, § 1, eff. Oct. 1, 2021; Acts 2021, c. 463, § 1, eff. Oct. 1, 2021.
Formerly Art. 43, § 299.

Footnotes

State Government § 10-101 et seq.
MD Code, Health Occupations, § 8-317, MD HEALTH OCCUP § 8-317
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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