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§ 21-313. Notice and hearing

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

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 21. Environmental Health Specialists (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: July 1, 2012
MD Code, Health Occupations, § 21-313
§ 21-313. Notice and hearing
Opportunity for hearing
(a)(1) Except as otherwise provided in the Administrative Procedure Act,1 before the Board takes any action under § 21-312 of this subtitle, it shall give the individual against whom this action is contemplated an opportunity for a hearing before the Board.
(2) A hearing shall be held within a reasonable time not to exceed 6 months after charges have been brought.
Application of Administrative Procedure Act
(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Right to Counsel
(c) The individual may be represented at the hearing by counsel.
Subpoenas and 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 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 may punish the person as for contempt of court.
Ex parte hearings
(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
Record of disciplinary actions
(g)(1) The Board shall maintain a record of all disciplinary matters that includes:
(i) The date the matter was referred to the Board;
(ii) A detailed description of the specific allegations;
(iii) A copy of any written evidence reviewed by the Board in evaluating the matter; and
(iv) A written summary of the final action of the Board including the date of the action and the basis for the action.
(2) The Board shall maintain an electronic database of all disciplinary matters considered by the Board that is searchable, at a minimum, by:
(i) The date of the Board's final action;
(ii) The name of the affected licensee; and
(iii) The type of final action taken by the Board, including no action.

Credits

Added as Health Occupations § 17-315 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1983, c. 563. Renumbered as Health Occupations § 5.5-313 and amended by Acts 1984, c. 560, § 1, eff. July 1, 1984. Amended by Acts Acts 1984, c. 772; Acts 1985, c. 219. Transferred as Environment § 11-313 and amended by Acts 1987, c. 306, § 3, eff. July 1, 1987. Amended by Acts 2007, c. 366, § 1, eff. Oct. 1, 2007. Transferred as Health Occupations § 21-313 by Acts 2012, c. 667, § 1, eff. July 1, 2012. Amended by Acts 2012, c. 667, § 2, eff. July 1, 2012.
Formerly Art. 43, § 733.

Footnotes

State Government § 10-101 et seq.
MD Code, Health Occupations, § 21-313, MD HEALTH OCCUP § 21-313
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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