§ 17-324. Failure to disclose certain facts -- Hearings

   (a) Right to hearing. -- Except as otherwise provided in § 10-226 of the State Government Article, before the Commission takes any final action under § 17-322 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission or, as provided under § 17-326 of this subtitle, a hearing board.

(b) Application of contested case provisions. -- The Commission shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) Oaths. -- In connection with any proceeding under this section, the following individuals may administer oaths:

   (1) a member of the Commission;

   (2) the executive director of the Commission; and

   (3) the assistant director of the Commission.

(d) Specific notice requirements. --

   (1) At least 10 days before the hearing, the hearing notice to be given to the individual shall be:

      (i) served personally on the individual; or

      (ii) sent by certified mail to the last known business address of the individual.

   (2) If the individual is an associate real estate broker or a real estate salesperson, at least 10 days before the hearing, the Commission shall give notice of the hearing to each real estate broker with whom the associate real estate broker or the real estate salesperson is affiliated by sending notice by certified mail to the last known business address of the real estate broker.

(e) Right to counsel. -- The individual may be represented at the hearing by counsel.

(f) Failure or refusal to appear. -- If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Commission may hear and determine the matter.

HISTORY: An. Code 1957, art. 56A, § 4-325; 1989, ch. 3, § 1; 1994, ch. 3, § 13; 1995, ch. 3, § 1.