<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".01-1" citation="COMAR 15.14.02.01-1" title_num="15" subtitle_num="14" chapter_num="02" heading="Notice.">
  <paragraph num="A.">
    <text>Notice of Board Action.</text>
    <paragraph num="(1)">
      <text>The Board shall give written notice to a person against whom it is taking action at least 10 days before the scheduled hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The notice shall state:</text>
      <paragraph num="(a)">
        <text>The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are involved;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The pertinent regulatory and statutory provisions under which this action is being taken;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The sanction proposed or the potential penalty, if any, as a result of the Board's action;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Unless a hearing has been scheduled, the person's opportunity to request a hearing before the Board, including the requirement that the request be in writing and submitted to the Board within 10 days from receipt of the notice; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>The direct consequences, sanction, and potential penalty, if any, of the person's failure to exercise, in a timely manner, the opportunity for a hearing or to appear for a scheduled hearing.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Contested Case Hearing.</text>
    <paragraph num="(1)">
      <text>If the Board conducts a contested case hearing, it shall give all parties written notice of the hearing at least 10 days before the scheduled hearing.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The written notice shall state:</text>
      <paragraph num="(a)">
        <text>The date, time, place, and nature of the hearing;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The right to call witnesses and submit documents or other evidence under State Government Article, §10-213(f), Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Any applicable right to request subpoenas for witnesses and evidence and the costs, if any, associated with such a request;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The facts that are asserted or, if the facts cannot be stated in detail when notice is given, the issues that are included;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>That a copy of the hearing procedure is available on request, and the cost, if any, associated with such a request;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>The right to be heard personally and to be represented by counsel before the Board;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>The right to confront witnesses;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>That failure to appear for the scheduled hearing may result in an adverse action against the party; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>That the parties may agree to the evidence and waive their right to appear at the hearing.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Board shall provide to the licensee the required notice by certified mail, return receipt requested, bearing a postmark from the U.S. Postal Service, addressed to the post office address shown on the annual registration or other information the Board possesses.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Board may provide the licensee notice by regular mail to the licensee's address of record if the Board has been unsuccessful in giving notice as provided under §C of this regulation.</text>
  </paragraph>
</regulation>