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§ 7-319. Notice and hearing

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2012

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 7. Morticians and Funeral Directors (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: October 1, 2012
MD Code, Health Occupations, § 7-319
§ 7-319. Notice and hearing
Right to a hearing
(a) Except as otherwise provided in the Administrative Procedure Act,1 before the Board takes any action under § 7-316 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.
Counsel
(c) The person may be represented at the hearing by counsel.
Subpoenas, oaths
(d) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any audit or investigation under this title and any hearings or proceedings before it.
Contempt of court
(e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction shall compel compliance with the subpoena and may punish the person as for contempt of court.
Absence of individual
(f) 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.
Hearing costs
(g) If after a hearing an individual is found in violation of § 7-316 of this subtitle, the individual shall pay the hearing costs.
Notice of suspension of license
(h) If the Board orders the suspension of a license in accordance with § 10-226(c)(2) of the State Government Article, the Board shall notify the licensee of the suspension within 48 hours after the Board makes the determination to order the suspension.

Credits

Added as Health Occupations § 6-316 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1984, c. 772, § 1, eff. July 1, 1984. Renumbered as Health Occupations § 7-318 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Renumbered as Health Occupations § 7-319 and amended by Acts 1992, c. 155, § 1, eff. Oct. 1, 1992. Amended by Acts 1994, c. 515, § 1, eff. Oct. 1, 1994; Acts 2005, c. 220, § 1, eff. Oct. 1, 2005; Acts 2012, c. 157, § 1, eff. Oct. 1, 2012; Acts 2012, c. 158, § 1, eff. Oct. 1, 2012.
Formerly Art. 43, § 354.

Footnotes

State Government § 10-101 et seq.
MD Code, Health Occupations, § 7-319, MD HEALTH OCCUP § 7-319
Current with all legislation from the 2023 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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