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§ 8-6A-10.1. Notice and hearing by Board

West's Annotated Code of MarylandHealth OccupationsEffective: October 1, 2018

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 8. Nurses (Refs & Annos)
Subtitle6a. Certification of Nursing Assistants, Dialysis Technicians, and Medication Technicians (Refs & Annos)
Effective: October 1, 2018
MD Code, Health Occupations, § 8-6A-10.1
§ 8-6A-10.1. Notice and hearing by Board
In general
(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8-6A-10 of this subtitle, the Board shall give the individual 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 sent by certified mail
(c) The hearing notice to be given to the individual shall be sent by certified mail, return receipt requested, to the last known address of the individual at least 30 days before the hearing.
(d) The individual may be represented at the hearing by counsel.
Failure of individual to appear
(e) 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.
Power of the Board to issue subpoenas and administer oaths
(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 subtitle and any hearings or proceedings before the Board.
(2) If an individual, 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.
Investigation and issuance of advisory letter by Board
(g)(1) After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the certificate holder.
(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:
(i) May not be considered a disciplinary action under § 8-6A-10 of this subtitle; and
(ii) May not be reported to any certifying entity, employer, or insurance company as a disciplinary action.


Added by Acts 2014, c. 559, § 1, eff. Oct. 1, 2014; Acts 2014, c. 560, § 1, eff. Oct. 1, 2014. Amended by Acts 2018, c. 656, § 1, eff. Oct. 1, 2018.
MD Code, Health Occupations, § 8-6A-10.1, MD HEALTH OCCUP § 8-6A-10.1
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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