Md. Code Ann., Health Occ. § 14-405
Notice and hearing
Effective Oct 1, 2025Added as Health Occupations § 14-505 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1988, c. 109, § 1, eff. July 1, 1989. Renumbered as Health Occupations § 14-404 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1996, c. 516, § 2, eff. July 1, 1996; Acts 1997, c. 598, § 1, eff. Oct. 1, 1997; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2001, c. 478, § 1, eff. Oct. 1, 2001; Acts 2001, c. 479, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, 1st Sp.Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2025, c. 675, § 1, eff. Oct. 1, 2025; Acts 2025, c. 676, § 1, eff. Oct. 1, 2025.State of Maryland
- (a) Except as otherwise provided in the Administrative Procedure Act,1 before the Board or a disciplinary panel takes any action under § 14-404(a) of this subtitle or § 14-205(b)(3), § 14-5A-17(a), § 14-5B-14(a), § 14-5C-17(a), § 14-5D-14(a), § 14-5E-16(a), § 14-5F-18, or § 14-5G-18(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)
- (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) The individual may be represented at the hearing by counsel.
- (d) 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 or a disciplinary panel for disposition.
- (e) After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board's or disciplinary panel's disposition.
- (f) The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.
- (g) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.
Added as Health Occupations § 14-505 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Amended by Acts 1988, c. 109, § 1, eff. July 1, 1989. Renumbered as Health Occupations § 14-404 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1994, c. 3, § 1, eff. Feb. 28, 1994; Acts 1996, c. 516, § 2, eff. July 1, 1996; Acts 1997, c. 598, § 1, eff. Oct. 1, 1997; Acts 1999, c. 34, § 1, eff. April 13, 1999; Acts 2001, c. 478, § 1, eff. Oct. 1, 2001; Acts 2001, c. 479, § 1, eff. Oct. 1, 2001; Acts 2002, c. 19, § 1, eff. April 9, 2002; Acts 2003, c. 252, § 1, eff. July 1, 2003; Acts 2004, c. 25, § 1, eff. April 13, 2004; Acts 2004, 1st Sp.Sess., c. 5, § 1, eff. Jan. 11, 2005; Acts 2013, c. 401, § 1, eff. May 2, 2013; Acts 2017, c. 217, § 1, eff. April 18, 2017; Acts 2017, c. 218, § 1, eff. April 18, 2017; Acts 2025, c. 675, § 1, eff. Oct. 1, 2025; Acts 2025, c. 676, § 1, eff. Oct. 1, 2025.
Formerly Art. 43, § 130.
State Government § 10-101 et seq.