Section 5-312 - Hearing before Board.
§ 5-312. Hearing before Board.
(a) Opportunity for hearing.- Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any action under § 5-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b) Notice; applicability of Title 10, Subtitle 2 of the State Government Article.- The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.
(c) Subpoenas and oaths.- Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(d) Contempt.- If, without lawful excuse, a person disobeys a subpoena from the Board, an order by the Board to take any oath or to testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court.
(e) Hearing in absentia.- If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.
(f) Manner of notice.- The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 14 days before the hearing.
(g) Representation by counsel.- The individual may be represented at the hearing by counsel.
[1985, ch. 773; 1986, ch. 703; 1990, ch. 6, § 11; 1995, ch. 3, § 1; 2004, ch. 439; 2006, ch. 382.]