WILLIAM DONALD SCHAEFER, Governor                        Ch. 3

Defined terms: "Board" § 14-101
"Person" § 1-101

14-319. SAME -- HEARINGS.

(A)  RIGHT TO HEARING.

(1)  EXCEPT AS OTHERWISE PROVIDED IN TITLE 10,
SUBTITLE 4 OF THE STATE GOVERNMENT ARTICLE, BEFORE THE BOARD
TAKES ANY FINAL ACTION UNDER § 14-317 OF THIS SUBTITLE, IT SHALL
GIVE THE INDIVIDUAL AGAINST WHOM THE ACTION IS CONTEMPLATED AN
OPPORTUNITY FOR A HEARING BEFORE THE BOARD.

(2)  A HEARING SHALL BE HELD WITHIN A REASONABLE TIME,
NOT EXCEEDING 6 MONTHS, AFTER THE COMPLAINT IS MADE.

(B)  APPLICATION OF CONTESTED CASE PROVISIONS.

THE BOARD SHALL GIVE NOTICE AND HOLD THE HEARING IN
ACCORDANCE WITH TITLE 10, SUBTITLE 2 OF THE STATE GOVERNMENT
ARTICLE.

(C)  OATHS.

THE BOARD MAY ADMINISTER OATHS IN CONNECTION WITH ANY
PROCEEDING UNDER THIS SECTION.

(D)  SPECIFIC NOTICE REQUIREMENTS.

AT LEAST 30 DAYS BEFORE THE HEARING, THE HEARING NOTICE AND
A COPY OF THE COMPLAINT SHALL BE:

(1)  SERVED PERSONALLY ON THE INDIVIDUAL; OR

(2)  MAILED TO THE LAST KNOWN ADDRESS OF THE
INDIVIDUAL.

(E)  RIGHT TO COUNSEL.

THE INDIVIDUAL MAY BE REPRESENTED AT THE HEARING BY COUNSEL.

(F)  FAILURE OR REFUSAL TO APPEAR.

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.

REVISOR'S NOTE: Subsections (a), (d), (e), and (f) of this
section are new language derived without substantive
change from former Art. 75 1/2, § 17(d) and, except as
it related to dismissal of charges, (c).

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