Section 8-312 - Denials, reprimands, suspensions, and revocations - Hearings. - Maryland Statutes

§ 8-312. Denials, reprimands, suspensions, and revocations - Hearings.
 

(a)  Right to hearing.- Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 8-311 of this subtitle, it shall give the person against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 8-313 of this subtitle, a hearing board. 

(b)  Application of contested case provisions.- The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article. 

(c)  Oaths.- The Commission may administer oaths in a proceeding under this section. 

(d)  Specific notice requirements.- The hearing notice to be given to the person shall be sent at least 10 days before the hearing by certified mail to the business address of the licensee on record with the Commission. 

(e)  Hearing location; time.-  

(1) For purposes of this subsection, the State is divided into: 

(i) the region that includes Allegany, Carroll, Frederick, Garrett, and Washington counties; 

(ii) the region that includes Anne Arundel, Calvert, Charles, and St. Mary's counties; 

(iii) the region that includes Baltimore City and Baltimore and Howard counties; 

(iv) the region that includes Caroline, Cecil, Dorchester, Harford, Kent, Queen Anne's, Somerset, Talbot, Wicomico, and Worcester counties; and 

(v) the region that includes Montgomery and Prince George's counties. 

(2) The Commission shall set the time and place of the hearing but shall hold the hearing in the appropriate region to accommodate the needs of: 

(i) disabled witnesses; 

(ii) indigent witnesses; or 

(iii) a majority of witnesses. 

(f)  Right to counsel.- The person may be represented at the hearing by counsel. 

(g)  Subpoenas.- In connection with a proceeding under this section, the Commission may: 

(1) issue subpoenas for the attendance of witnesses to testify or to produce evidence; and 

(2) take testimony in the same manner and with the same fees and compensation for mileage as provided in civil cases in the State. 

(h)  Failure to appear.- If, after due notice, the person against whom the action is contemplated does not appear, nevertheless the Commission may hear and determine the matter. 
 

[An. Code 1957, art. 56, § 260; 1992, ch. 4, § 2; 1995, ch. 3, § 1; 2004, ch. 25, § 6.]