Section 14-405 - Hearings. - Maryland Statutes

§ 14-405. Hearings.
 

(a)  Right to hearing.- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 14-404(a) of this subtitle or § 14-5A-17(a) of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer. 

(b)  Application of Administrative Procedure Act.-  

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

(2) Factual findings shall be supported by a preponderance of the evidence. 

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

(d)  Ex parte hearings.- If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board for disposition. 

(e)  Proposed factual findings.- After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board for the Board's disposition. 

(f)  Discovery.- The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges. 

(g)  Stay or challenge for procedural defects.- The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges. 
 

[An. Code 1957, art. 43, § 130; 1981, ch. 8, § 2; 1988, ch. 109, § 1; 1990, ch. 6, § 11; 1994, ch. 3, § 1; 1996, ch. 516, § 2; 1997, ch. 598; 1999, ch. 34, § 1; 2001, chs. 478, 479; 2002, ch. 19, §§ 1, 9; 2003, ch. 252; 2004, ch. 25; 2004 Sp. Sess., ch. 5, § 1.]