HARRY HUGHES, Governor

3611

action is contemplated an opportunity for a hearing before the
Board.

(b)  The Board shall give notice and hold the hearing in
accordance with the Administrative Procedure Act.

(c)  The hearing notice to be given to the individual shall
be sent by certified mail, return receipt requested, bearing a
postmark from the United States Postal Service, to the last known
address of the individual at least 20 days before the hearing.

(d)  The individual may be represented at the hearing by
counsel.

(E)  OVER THE SIGNATURE OF AN OFFICER OR THE EXECUTIVE
DIRECTOR 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.

(F)   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.

[(e)] (G) If after due notice the individual against whom
the action is contemplated fails or refuses to appear,
nevertheless the Board may hear and determine the matter.

12-409.

(A) Subject to the hearing provisions of § 12-410 of this
subtitle, the Board may suspend or revoke any pharmacy permit, OR
IMPOSE A PENALTY NOT EXCEEDING $5,000, if the pharmacy:

(1)   Is conducted so as to endanger the public health
or safety;

(2)  Violates any of the standards specified in §
12-403 of this subtitle; or

(3)  Otherwise is not conducted in accordance with the
law.

(B) THE BOARD MAY IMPOSE THE MONETARY PENALTY UNDER THIS
SECTION SEPARATELY OR IN ADDITION TO A REPRIMAND, PROBATION,

SUSPENSION, OR REVOCATION.

(C) THE BOARD SHALL ADOPT RULES AND REGULATIONS TO SET
STANDARDS FOR THE IMPOSITION OF PENALTIES UNDER THIS SECTION.

(D) THE BOARD SHALL PAY ANY PENALTY COLLECTED UNDER THIS
SECTION INTO THE GENERAL FUND OF THIS STATE.

[12-409.1.