Ch. 3

LAWS OF MARYLAND

Subsection (b) of this section is standard language
added to demonstrate clearly the intended application
of the referenced subtitle to administrative hearings
under this section.

Subsection (c) of this section is new language added
to state expressly a power of the Board that is
inherent under its authority to conduct a formal
administrative hearing under this section.

In subsections (a)(1), (d), (e), and (f) of this
section, the word "individual" is substituted for the
former words "registrant" and "person", since § 15-318
of this subtitle contemplates action against
applicants for licenses as well as licensees but only
individuals may apply for or hold licenses.

The introductory language of subsection (a)(1) of this
section, "[e]xcept as otherwise provided in Title 10,
Subtitle 4 of the State Government Article", is added
to clarify that the Board may act summarily under
certain circumstances. See SG § 10-405(b).

In subsection (a)(2) of this section, the former
requirement that the hearing be conducted "in
accordance with ... regulations adopted by the Board"
is deleted as unnecessary in light of SG § 10-204,
which specifically requires adoption of regulations to
govern hearings.

Subsection (d) of this section includes only those
provisions that seemed to add to the provisions of
Title 10, Subtitle 2 of the State Government Article.
Thus, the former references to the rights to appear in
person, to cross-examine witnesses, and to present
evidence and witnesses in one's own defense are
deleted as essentially repetitious of rights already
provided under Title 10, Subtitle 2 of the State
Government Article.

As to subsection (e) of this section, the statement
that the individual may appear with counsel is
implicit in the scheme of the procedural provisions
under Title 10, Subtitle 2 of the State Government
Article; however, since this provision was stated
explicitly in former Art. 75 1/2, § 17(d), it is
retained in this section.

As to the power of the Board to issue a subpoena for
the attendance of a witness or the production of
evidence, see § 14-206 of this title.

Defined term: "Board" § 14-101

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