Terms Used In Maryland Code, HEALTH OCCUPATIONS 5-312

  • 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.
  • certified mail: includes "registered mail"; and

    (3) "registered mail" includes "certified mail". See
  • 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.
  • Person: includes an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, corporation, partnership, business trust, statutory trust, limited liability company, firm, association, or other nongovernmental entity. See
  • state: means :

    (1) a state, possession, territory, or commonwealth of the United States; or

    (2) the District of Columbia. See
  • Subpoena: A command to a witness to appear and give testimony.
  • Testify: Answer questions in court.
(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any action under § 5-311 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 Title 10, Subtitle 2 of the State Government Article.

(c) 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.

(d) If, without lawful excuse, a person disobeys a subpoena from the Board, an order by the Board to take any oath or to testify, or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court.

(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(f) The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 14 days before the hearing.

(g) The individual may be represented at the hearing by counsel.