§ 13-317. Denials, reprimands, probations, suspensions, and revocations -- Hearings

   (a) Right of hearing. -- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 13-316 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) Application of Administrative Procedure Act. -- The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

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

(d) Hearing by committee. --

   (1) The chairman of the Board may delegate authority to conduct a hearing to a committee consisting of three or more Board members.

   (2) The committee shall:

      (i) Hold an evidentiary hearing; and

      (ii) Prepare a recommended decision for consideration by a quorum of the Board, which may include members of the committee.

   (3) The committee shall give each party the opportunity to file exceptions and present argument to the Board regarding the decision of the committee.

(e) Subpoenas and oaths. -- Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(f) Contempt of court. -- If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(g) Ex parte hearing. -- 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. 43, § 609; 1981, ch. 8, § 2; 1984, ch. 772; 1990, ch. 6, § 11; 2000, ch. 365; 2004, ch. 518.