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§ 2-4A-16. Hearings

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

West's Annotated Code of Maryland
Health Occupations (Refs & Annos)
Title 2. Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists (Refs & Annos)
Subtitle 4a. Music Therapists (Refs & Annos)
Effective: October 1, 2021
MD Code, Health Occupations, § 2-4A-16
§ 2-4A-16. Hearings
Currentness
Requirement
(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 2-4A-14 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
Administrative Procedure Act
(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
Counsel
(c) The individual may be represented at the hearing by counsel.
Subpoenas and oaths
(d)(1) 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 subtitle and any hearings or proceedings before the Board.
(2) The Board shall issue subpoenas on behalf of the individual if the individual:
(i) Requests that the Board do so; and
(ii) States under oath that the testimony or evidence sought is necessary to the individual's defense.
(3) If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, a court of competent jurisdiction may compel, on petition of the Board, compliance with the subpoena.
Failure to appear
(e) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.
Procedural defect before filing of charges
(f) The hearing of charges may not be stayed or challenged by any procedural defect alleged to have occurred before the filing of charges.

Credits

Added by Acts 2021, c. 800, § 1, eff. Oct. 1, 2021.
MD Code, Health Occupations, § 2-4A-16, MD HEALTH OCCUP § 2-4A-16
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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