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§ 16-211. Commission matters referred to Hearing Board

West's Annotated Code of MarylandBusiness Occupations and ProfessionsEffective: April 10, 2012

West's Annotated Code of Maryland
Business Occupations and Professions
Title 16. Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors (Refs & Annos)
Subtitle 2. State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors (Refs & Annos)
Effective: April 10, 2012
MD Code, Business Occupations & Professions, § 16-211
§ 16-211. Commission matters referred to Hearing Board
Hearings
(a) The Commission shall refer to the appropriate hearing board for a hearing any matter for which a hearing may be required under § 16-701, § 16-701.1, or § 16-701.2 of this title.
Powers of Hearing Board
(b) The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 16-602 of this title.
Disciplinary actions
(c)(1) The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under this title against a licensee.
(2)(i) If the hearing board finds a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall:
1. hold a hearing on the matter; and
2. file its finding with the Commission.
(ii) If the hearing board does not find a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall dismiss the complaint.
(3) A hearing board shall advise the Commission specifically of any action brought against a licensee as a result of monetary loss, misappropriation of money, or fraud.
Exceptions to decisions of Hearing Board
(d)(1)(i) Within 15 days after the filing of a decision by a hearing board, the Commission or any of its members may file an exception to the decision of the hearing board.
(ii) On the filing of an exception under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter.
(2) If an exception is not filed within the time allowed under paragraph (1)(i) of this subsection:
(i) the decision of the hearing board shall be considered as the final decision of the Commission; and
(ii) any party aggrieved by the decision may take a judicial appeal as provided in this title.

Credits

Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-211 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2011, c. 269, § 1, eff. July 1, 2011; Acts 2011, c. 270, § 1, eff. July 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.
MD Code, Business Occupations & Professions, § 16-211, MD BUS OCCUP & PROF § 16-211
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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