Current through Register Vol. 51, No. 19, September 20, 2024
A. Not less than
7 days before conducting an adjudicatory hearing, the Commission, through its
Executive Director, shall send a written notice to the individual who is the
subject of the hearing which shall contain:
(1) The date, time, place, and nature of the
hearing;
(2) The authority of the
Commission to hold the hearing;
(3)
The pertinent hearing and regulatory sections under which the Commission is
taking its action;
(4) A concise
and simple statement of the facts that are asserted;
(5) The potential penalty;
(6) An advisement regarding the individual's
right to:
(a) Be represented by an attorney
who is admitted, or specially admitted, to practice law in this
State,
(b) Call witnesses and
submit evidence,
(c) Request
subpoenas for witnesses and documents, and
(d) Request a copy of the hearing procedures;
and
(7) A statement that
the failure to appear for a scheduled hearing may result in an adverse action
against the individual.
B. The Commission may, in its discretion:
(1) Grant a stay of an order of the stewards
or judges pending a hearing before the Commission; or
(2) Suspend the license of an individual who
is charged pending a hearing on the charges.
C. A hearing on the charges shall be held as
promptly as possible, with due regard to the rights of the licensee charged, if
the Commission:
(1) Declines to grant a stay
of the suspension, as provided in §B(1) of this regulation; or
(2) Suspends the license of an individual
charged pending a hearing on the charges, as provided in §B(2) of this
regulation.
D. The
Commission shall provide for the making of an official record of the hearing,
which shall include testimony and exhibits, but, unless required for purposes
of rehearing or court review, a transcription of the testimony may not be
required.
E. At the hearing, an
applicant or a licensee who may be affected by a decision of the Commission
shall be given the opportunity to:
(1) Be
represented by counsel;
(2) Be
confronted with the evidence on which a charge is based;
(3) Cross-examine witnesses;
(4) Testify; and
(5) Produce testimony and evidence relevant
to the issues involved.
F. A licensee may be subject to the
suspension or revocation of a license held if:
(1) While under oath in a hearing, the
licensee gives false or misleading statements of a relevant nature;
or
(2) Except in the proper
exercise of a legal privilege, the licensee fails to testify after proper
notice.
G. When an
adjudicatory hearing is conducted by a hearing committee under Business
Regulation Article, §11-310, Annotated
Code of Maryland, and the decision of the hearing committee is:
(1) Unanimous, the decision of the hearing
committee is final and shall bind the entire Commission;
(2) Not unanimous, a de novo hearing on the
matter shall be conducted by a quorum of the Commission.
