§ 5-312. Hearing

   (a) In general. --

   (1) Except as otherwise provided in § 10-226 of the State Government Article, before the Director takes a final action under this subtitle, the Director shall provide the person against whom the action is contemplated notice of the Director's proposed action and the opportunity to request a hearing before the Director.

   (2) A person shall file a request for a hearing not later than 30 days after the date the notice provided under paragraph (1) of this subsection is mailed.

(b) Notice and procedure. -- The Director shall provide notice and conduct the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) Oaths. -- The Director may administer oaths in connection with a proceeding under this section.

(d) Hearing notice. -- The hearing notice provided to the person under subsection (a)(1) of this section shall be sent by certified mail to the last known address of the person at least 10 days before the hearing.

(e) Failure to attend. -- If a hearing is not requested within the time period specified under subsection (a)(2) of this section or if the person fails to appear for the hearing after requesting a hearing, the proposed action of the Director shall be affirmed.

(f) Representation. -- The person may be represented at the hearing by counsel.

(g) Issuance of subpoena. --

   (1) The Director may issue subpoenas in connection with a proceeding under this section.

   (2) If a person fails to comply with a subpoena issued under this subsection, on petition of the Director, a circuit court may compel compliance with the subpoena.

(h) Costs. -- If, after a hearing, the proposed action by the Director is upheld, the appellant shall pay the hearing costs, as specified by the Office in its regulations.

HISTORY: 1997, ch. 675, § 2.