Md. Code Ann., Bus. Occ. & Prof. § 16-211
Commission matters referred to Hearing Board
Effective Apr 10, 2012Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-211 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2011, c. 269, § 1, eff. July 1, 2011; Acts 2011, c. 270, § 1, eff. July 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.State of Maryland
- (a) The Commission shall refer to the appropriate hearing board for a hearing any matter for which a hearing may be required under § 16-701, § 16-701.1, or § 16-701.2 of this title.
- (b) The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 16-602 of this title.
(c)
- (1) The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under this title against a licensee.
(2)
(i) If the hearing board finds a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall:
- 1. hold a hearing on the matter; and
- 2. file its finding with the Commission.
- (ii) If the hearing board does not find a reasonable basis as provided under paragraph (1) of this subsection, the hearing board shall dismiss the complaint.
- (3) A hearing board shall advise the Commission specifically of any action brought against a licensee as a result of monetary loss, misappropriation of money, or fraud.
(d)
(1)
- (i) Within 15 days after the filing of a decision by a hearing board, the Commission or any of its members may file an exception to the decision of the hearing board.
- (ii) On the filing of an exception under subparagraph (i) of this paragraph, the Commission shall set a hearing on the matter.
(2) If an exception is not filed within the time allowed under paragraph (1)(i) of this subsection:
- (i) the decision of the hearing board shall be considered as the final decision of the Commission; and
- (ii) any party aggrieved by the decision may take a judicial appeal as provided in this title.
Added by Acts 1990, c. 594. Renumbered from Business Occupations and Professions § 15.5-211 by Acts 1994, c. 3, § 13, eff. Feb. 28, 1994. Amended by Acts 2001, c. 470, § 1, eff. Oct. 1, 2001; Acts 2011, c. 269, § 1, eff. July 1, 2011; Acts 2011, c. 270, § 1, eff. July 1, 2011; Acts 2012, c. 66, § 1, eff. April 10, 2012.