Section 5-408 - Denials, reprimands, suspensions, revocations, and penalties - Hearings.
§ 5-408. Denials, reprimands, suspensions, revocations, and penalties - Hearings.
(a) Right to hearing.- Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 5-407 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b) Application of contested case provisions.- The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) Specific notice requirements.- The hearing notice to be given to the individual shall be served at least 5 days before the hearing.
(d) Right to counsel.- The individual may be represented at the hearing by counsel.
(e) Subpoenas.-
(1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.
(2) A subpoena issued under this subsection shall be served by:
(i) certified mail; or
(ii) the sheriff of the county where the person to be served resides or has a principal place of business.
(f) Failure or refusal to appear.- If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
[An. Code 1957, art. 56, § 495; 1989, ch. 3, § 1; ch. 236, § 1; ch. 632, § 3; 1991, ch. 481; 1995, ch. 3, § 1.]