2013 Maryland Code
HEALTH OCCUPATIONS
§ 21-313 - Hearings

§21-313.

(a) (1) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 21-312 of this subtitle, it shall give the individual against whom this action is contemplated an opportunity for a hearing before the Board.

(2) A hearing shall be held within a reasonable time not to exceed 6 months after charges have been brought.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The individual may be represented at the hearing by counsel.

(d) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(g) (1) The Board shall maintain a record of all disciplinary matters that includes:

(i) The date the matter was referred to the Board;

(ii) A detailed description of the specific allegations;

(iii) A copy of any written evidence reviewed by the Board in evaluating the matter; and

(iv) A written summary of the final action of the Board including the date of the action and the basis for the action.

(2) The Board shall maintain an electronic database of all disciplinary matters considered by the Board that is searchable, at a minimum, by:

(i) The date of the Board’s final action;

(ii) The name of the affected licensee; and

(iii) The type of final action taken by the Board, including no action.