Maryland Business Occupations and Professions Section 17-326

Article - Business Occupations and Professions

§ 17-326.

      (a)      Except as otherwise provided in this subtitle, the Commission may refer to a hearing board for a hearing:

            (1)      a complaint or claim that has been submitted to the Commission; and

            (2)      any matter for which a hearing may be required under § 17-327 or § 17-328 of this subtitle.

      (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 § 17-324 of this subtitle.

      (c)      (1)      The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 17-322 of this subtitle against an applicant or 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.

      (d)      The decision of the hearing board shall be considered as the final decision of the Commission and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.



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