§ 17-326. Referral of cases; procedure before hearing board  


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  •    (a) Referral by Commission. -- Except as otherwise provided in this subtitle, the Commission may refer to a hearing board for a hearing:

       (1) a complaint or claim that has been submitted to the Commission; and

       (2) any matter for which a hearing may be required under § 17-327 or § 17-328 of this subtitle.

    (b) Procedures. -- The hearing board may exercise the same powers and shall conduct a hearing in accordance with the same procedures applicable to the Commission under § 17-324 of this subtitle.

    (c) Findings and disposition; report to Commission. --

       (1) The hearing board shall determine if there is a reasonable basis to believe that there are grounds for disciplinary action under § 17-322 of this subtitle against an applicant or 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) Decision of hearing board. -- The decision of the hearing board shall be considered as the final decision of the Commission and any party aggrieved by the decision may take a judicial appeal as provided in § 17-329 of this subtitle.


HISTORY: An. Code 1957, art. 56A, § 4-327; 1989, ch. 3, § 1; 1991, ch. 492; 1994, ch. 3, § 13.