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This entry was published on 2014-09-22
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Formal hearings procedure
Public Health (PBH) CHAPTER 45, ARTICLE 33, TITLE 7
§ 3393. Formal hearings procedure. 1. The commissioner or any person
designated by him for this purpose, shall have the power to administer
oaths, compel the attendance of witnesses and the production of books,
records and documents and to take proof and testimony concerning all
matters within the jurisdiction of the department.

2. Notice of hearing shall be served at least fifteen days prior to
the date of the hearing, provided, however, whenever the commissioner
has made a preliminary order suspending a license or directing the
cessation of any activity pending the hearing, the commissioner shall
provide the person affected thereby with an opportunity to be heard
within five days.

3. At a hearing any person who is a party thereto may appear
personally, shall have the right of counsel, and may cross-examine
witnesses and produce evidence and witnesses in his own behalf.

4. Following a hearing, the commissioner shall make appropriate
findings of fact and determinations and shall issue an order in
accordance therewith.

5. The person conducting the hearing shall not be bound by the rules
of evidence but any determination must be founded upon sufficient legal
evidence to sustain it.

6. The commissioner may adopt such rules and regulations governing the
procedures to be followed with respect to the hearings as may be
consistent with the fair and effective administration of this article.

7. Any notice, application, order or other paper required to be served
upon any party to a proceeding hereunder may be served in person, by
registered mail or by certified mail upon either the party or an
attorney who has appeared on his behalf.