(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 18-313 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c) The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 10 days before the hearing.
(d) The individual may be represented at the hearing by counsel.
(e) (1) 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 the Board.
(2) The Board shall issue subpoenas on behalf of the individual if the individual:
(i) Requests that the Board do so; and
(ii) States under oath that the testimony or evidence sought is necessary to the individual’s defense.
(3) 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.
(f) 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) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.
Structure Maryland Statutes
Section 18-301 - License Required
Section 18-302 - Qualifications of Applicants
Section 18-302.1 - Criminal History Records Checks
Section 18-303 - Applications for Licenses or Registrations
Section 18-306 - Issuance and Contents of License or Registration
Section 18-307 - Scope of License or Registration
Section 18-308 - Roster of Licensed Psychologists and Psychology Associates
Section 18-309 - Term and Renewal of Licenses
Section 18-310 - Inactive Status; Reinstatement of Expired Licenses or Registrations
Section 18-311 - Code of Ethics
Section 18-312 - Surrender of License or Registration
Section 18-313 - Denials, Reprimands, Suspensions, and Revocations -- Grounds
Section 18-313.1 - Monetary Penalties
Section 18-314 - Psychological or Physical Examination
Section 18-317 - Amendment of Order