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Code · Maryland · Alcoholic Beverages and Cannabis

§ 23-208

469 words·~2 min read·/md/alcoholic-beverages-and-cannabis/23-208·

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§23–208.
(a)Except as provided in subsection
(c)of this section, the Board of License Commissioners shall delegate to the Hearing Board the authority to hold hearings and decide cases involving a license holder.
(b)The Hearing Board shall give the Board of License Commissioners regular and prompt notice of the filing of each:
(1)application for a license or change in license; and
(2)petition alleging that a violation of an alcoholic beverages law has occurred.
(c)After giving notice to the Hearing Board and the applicant or license holder, the Board of License Commissioners may exercise original jurisdiction for and hear a case that is before the Hearing Board if the Board of License Commissioners determines that exercising original jurisdiction is desirable and in the public interest.
(1)After the Hearing Board proposes a decision regarding a case before it, a party, another participant in the matter, or another person who would be aggrieved by the decision may request that the Board of License Commissioners hold a hearing and make a final decision.
(2)A person that makes a request to the Board of License Commissioners under this subsection shall:
(i)make the request in writing;
(ii)include a copy of the proposed decision and order of the Hearing Board;
(iii)state the reasons why the person believes that the proposed decision or order is wrong; and
(iv)send a copy of the request and accompanying materials to all other parties to the case.
(3)If a request is submitted to the Board of License Commissioners, the proposed decision of the Hearing Board is stayed until resolution of the case by the Board of License Commissioners.
(4)After a request for a hearing is submitted to the Board of License Commissioners, any other party to the proceeding may submit to the Board of License Commissioners a response stating why the proposed decision and order by the Hearing Board should be upheld.
(1)After the deadline to file a response to a request for a hearing, the Board of License Commissioners shall:
(i)schedule a public meeting to decide whether to hear the case; and
(ii)notify the parties of the meeting date.
(2)The proposed decision of the Hearing Board becomes final if:
(i)a request for a hearing is not submitted to the Board of License Commissioners on or before the deadline for a request; or
(ii)the Board decides not to hear the case.
(3)After deciding to hear a case, the Board of License Commissioners shall:
(i)schedule a de novo hearing at which the Board of License Commissioners may hear witnesses; and
(ii)notify the parties of the hearing date.
(4)After the close of the hearing record, the Board of License Commissioners shall issue a final decision to the parties.
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