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MARYLAND STATUTES AND CODES

Section 17-326 - Referral of cases; procedure before hearing board.

§ 17-326. Referral of cases; procedure before hearing board.
 

(a)  Referral by Commission.- 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)  Procedures.- 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)  Findings and disposition; report to Commission.-  

(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)  Decision of hearing board.- 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. 
 

[An. Code 1957, art. 56A, § 4-327; 1989, ch. 3, § 1; 1991, ch. 492; 1994, ch. 3, § 13.] 
 

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