2013 Maryland Code
HEALTH OCCUPATIONS
§ 14-5D-15 - Hearing; appeal.


MD Health Occ Code § 14-5D-15 (2013) What's This?

(a) Hearing. --

(1) Except as otherwise provided in § 10-226 of the State Government Article, before the Board or a disciplinary panel takes any action under § 14-5D-14 of this subtitle, the Board or the disciplinary panel shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

(2) The hearing officer shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(3) The Board or a disciplinary panel may administer oaths in connection with any proceedings under this section.

(4) At least 14 days before the hearing, a hearing notice shall be sent by certified mail to the last known address of the individual.

(b) Appeal. --

(1) Any person aggrieved by a final decision of the Board or a disciplinary panel under this subtitle may not appeal to the Secretary or Board of Review but may take a direct judicial appeal.

(2) The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act.

(c) Stay of order pending review not permitted. -- An order of the Board or a disciplinary panel may not be stayed pending review.

(d) Appeal by Board. -- The Board may appeal from any decision that reverses or modifies an order of the Board or a disciplinary panel.

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