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§ 8-312. Hearings

West's Annotated Code of MarylandBusiness RegulationEffective: July 1, 2011

West's Annotated Code of Maryland
Business Regulation (Refs & Annos)
Title 8. Home Improvement (Refs & Annos)
Subtitle 3. Licensing (Refs & Annos)
Effective: July 1, 2011
MD Code, Business Regulation, § 8-312
§ 8-312. Hearings
Currentness
(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 8-311 of this subtitle, or if requested under § 8-620(c) of this title, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 8-313 of this subtitle, a hearing board.
(b) The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) The Commission may administer oaths in a proceeding under this section.
(d) The hearing notice to be given to the person shall be sent at least 10 days before the hearing by certified mail to the business address of the licensee on record with the Commission.
(e)(1) For purposes of this subsection, the State is divided into:
(i) the region that includes Allegany, Carroll, Frederick, Garrett, and Washington counties;
(ii) the region that includes Anne Arundel, Calvert, Charles, and St. Mary's counties;
(iii) the region that includes Baltimore City and Baltimore and Howard counties;
(iv) the region that includes Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties; and
(v) the region that includes Montgomery and Prince George's counties.
(2) The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of:
(i) disabled witnesses;
(ii) indigent witnesses; or
(iii) a majority of witnesses.
(f) The person may be represented at the hearing by counsel.
(g) In connection with a proceeding under this section, the Commission may:
(1) issue subpoenas for the attendance of witnesses to testify or to produce evidence; and
(2) take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State.
(h) If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter.

Credits

Added by Acts 1992, c. 4, § 2. Amended by Acts 1995, c. 3, § 1, eff. March 7, 1995. Amended by Acts 2011, c. 333, § 1, eff. July 1, 2011.
Formerly Art. 56, § 260.
MD Code, Business Regulation, § 8-312, MD BUS REG § 8-312
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.
End of Document