§ 5-315. Denials, reprimands, suspensions, revocations, and penalties -- Hearings

   (a) Right to hearing. -- Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 5-314 or § 5-608.1 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

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

(c) Specific notice provisions. -- The hearing notice to be given to the individual shall be served at least 5 days before the hearing.

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

(e) Subpoenas. --

   (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

   (2) A subpoena issued under this subsection shall be served by:

      (i) certified mail; or

      (ii) the sheriff of the county where the person to be served resides or has a principal place of business.

(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 Board may hear and determine the matter.

HISTORY: An. Code 1957, art. 56, § 495; 1989, ch. 3, § 1; ch. 236, § 1; ch. 632, § 3; 1991, ch. 481; 1995, ch. 3, § 1; 1999, ch. 388; 2000, ch. 61, § 1.