§ 14-405. Hearings

   (a) Right to hearing. -- Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under § 14-404(a) of this subtitle or § 14-5A-17(a) of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

(b) Application of Administrative Procedure Act. --

   (1) The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

   (2) Factual findings shall be supported by a preponderance of the evidence.

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

(d) Ex parte hearings. -- If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.

(e) Proposed factual findings. -- After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board's or disciplinary panel's disposition.

(f) Discovery. -- The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.

(g) Stay or challenge for procedural defects. -- The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.

HISTORY: An. Code 1957, art. 43, § 130; 1981, ch. 8, § 2; 1988, ch. 109, § 1; 1990, ch. 6, § 11; 1994, ch. 3, § 1; 1996, ch. 516, § 2; 1997, ch. 598; 1999, ch. 34, § 1; 2001, chs. 478, 479; 2002, ch. 19, § 1, 9; 2003, ch. 252; 2004, ch. 25; 2004 Sp. Sess., ch. 5, § 1; 2013, ch. 401.