<?xml version='1.0' encoding='utf-8'?>
<section article="gho" article_name="Health Occupations" number="14-405" title_number="14" title_name="Physicians" subtitle_number="4" subtitle_name="Disciplinary Actions">
  <level label="a">
    <text>Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), § 14–5F–18, or § 14–5G–18(a) of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text>
    </level>
    <level label="2">
      <text>Factual findings shall be supported by a preponderance of the evidence.</text>
    </level>
  </level>
  <level label="c">
    <text>The individual may be represented at the hearing by counsel.</text>
  </level>
  <level label="d">
    <text>If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.</text>
  </level>
  <level label="e">
    <text>After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board’s or disciplinary panel’s disposition.</text>
  </level>
  <level label="f">
    <text>The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.</text>
  </level>
  <level label="g">
    <text>The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.</text>
  </level>
</section>
