§ 3-315. Hearings

   (a) Right to hearing. -- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 3-313 of this subtitle or § 3-5A-11 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 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) Issuance of subpoena; oaths. -- Over the signature of an officer or the administrator 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.

(e) Compliance with subpoena; 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 shall compel compliance with the subpoena and may punish the person as for contempt of court.

(f) Ex parte hearings. -- 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.

(g) Payment of court reporting costs. -- If, after a hearing, a chiropractor or massage therapist is found in violation of § 3-313 of this subtitle or § 3-5A-11 of this title, the chiropractor or massage therapist shall pay to the Board the costs for court reporting services.

HISTORY: An. Code 1957, art. 43, § 506; 1981, ch. 8, § 2; 1984, ch. 772; 1990, ch. 6, § 11; 1993, ch. 87; 1996, ch. 528; 2008, chs. 242, 243.