§ 4-318. Hearings

   (a) Right to hearing. -- Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 4-315 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) Witness fees and expenses. -- In accordance with the State budget, the Board may authorize payment of fees and travel expenses of witnesses who testify in a proceeding under this section.

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

(e) Oaths; depositions. -- The Board may administer oaths and take depositions of witnesses in any proceeding under this section.

(f) Subpoenas. --

   (1) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths to witnesses in connection with any investigation under this title and any hearings or proceedings before it.

   (2) The Board shall issue subpoenas on behalf of the individual if the individual requests in writing that the Board do so.

   (3) 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.

   (4) If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.

(g) 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.

HISTORY: An. Code 1957, art. 32, § 14; 1981, ch. 8, § 2; ch. 125; 1982, ch. 17, § 7; 1983, ch. 563; 1988, ch. 119, § 2; 1990, ch. 6, § 11; 2003, ch. 58; 2006, ch. 469.