Maryland Code, HEALTH OCCUPATIONS 2-4A-16
Terms Used In Maryland Code, HEALTH OCCUPATIONS 2-4A-16
- Administrator: includes an executor and a personal representative. See
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Oath: A promise to tell the truth.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c) The individual may be represented at the hearing by counsel.
(d) (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 subtitle 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, a court of competent jurisdiction may compel, on petition of the Board, compliance with the subpoena.
(e) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board nevertheless may hear and determine the matter.
(f) The hearing of charges may not be stayed or challenged by any procedural defect alleged to have occurred before the filing of charges.