2013 Maryland Code
HEALTH OCCUPATIONS
§ 8-6B-19 - Hearings for actions under § 8-6B-17 or § 8-6B-18
(a) Right to hearing. -- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 8-6B-17 or § 8-6B-18 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Board.
(b) Application of Administrative Procedure Act. -- The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c) Specific notice requirements. -- The hearing notice to be given to the person 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 person at least 30 days before the hearing.
(d) Right to counsel. -- The person may be represented at the hearing by counsel.
(e) Subpoenas; oaths. --
(1) The Board may issue subpoenas and administer oaths in connection with a proceeding under this section.
(2) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, then on petition of the Board, a court of competent jurisdiction:
(i) Shall compel compliance with the subpoena; and
(ii) May hold the person in contempt of court.
(f) Ex parte hearing. -- If after due notice the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(g) Hearing cannot be challenged. -- The hearing of charges may not be stayed or challenged by procedural defects alleged to have occurred prior to the filing of charges.
(h) Issuance of advisory letter. --
(1) After the Board conducts an investigation under this subtitle, the Board may issue an advisory letter to the certificate holder.
(2) The Board may disclose an advisory letter issued under this subsection to the public.
(3) The issuance of an advisory letter under this subsection may not:
(i) Be considered a disciplinary action under § 8-6B-18 of this subtitle; and
(ii) Be reported to any licensing entity, employer, or insurance company as a disciplinary action.
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