Section 5-523 - Denials, reprimands, suspensions, revocations, and penalties - Hearings.

§ 5-523. 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 § 5-509, § 5-522, or § 5-608.1 of this title, it shall give the person 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 person shall be served at least 5 days before the hearing. 

(d)  Right to counsel.- The person 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 person 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; 1999, ch. 388; 2000, ch. 61, § 1.]