Marvin Mandel, Governor                            101

vided, however, that prior to the commencement of an appeal the
person so aggrieved shall make known the basis of the complaint
to the person or persons responsible for the decision or the conduct
of the action or of the withholding of the action, as the case may
be, together with a request that the same be reviewed. If a satis-
factory resolution has not occurred within thirty (30) days there-
after, the complainant may proceed as follows:

(1)  Any complainant seeking further review shall set forth the
nature of the complaint in writing, within such period as estab-
lished by regulation of the Board of Review, wherein it shall be
outlined in detail with a full description of all facts and circumstances
pertinent thereto. The complaint shall be filed with the Chief Execu-
tive Officer of the department or other agency to which application
for review is made, if there be one, but if there be none, then with
any member of its governing body. Receipt of such complaint shall
be promptly acknowledged in writing and a copy transmitted to the
Secretary of Employment and Social Services. The department or
other agency shall then proceed to investigate the complaint. Subject
to such extensions of time as the parties may agree upon, a deci-
sion shall be rendered in writing and a copy thereof sent to the
complainant within thirty (30) days of the filing of the complaint.
A record shall be kept of all complaints and their disposition which
shall be open to public inspection during regular business hours.

(2)  A party aggrieved by an adverse decision or action or failure
to take action within the time prescribed by subsection (1) of this
section may file an appeal to the Board of Review of the Depart-
ment of Employment and Social Services. The Board shall adopt
procedures as provided in the Administrative Procedure Act, Sec-
tion 244 et seq. of this Article and shall in all other respects be
governed by the provisions of said Act. At least five members shall
sit at any hearing of the Board, constituted as a Board of Appeal.
Decisions shall be by a majority of the Board sitting. The Board's
decision shall be in writing, stating its reasons, Minutes of its
proceedings shall be kept. The Chairman, or acting Chairman, shall
have the power to administer oaths and compel the attendance of
witnesses. Unless a decision is not subject to review by the Board,
the decision of the Board shall be the final agency decision for pur-
poses of judicial review under Section 255 of this Article or for
purposes of any other provision of law permitting appeals to the
courts from decisions of agencies included within the Department
of Employment and Social Services. Appeals from decisions of the
Board shall be as prescribed in the Administrative Procedure Act
or by the substantive law applying to the commission, department,
board or other instrumentality whose decision is being appealed.

205F.

(a) The Employment Security Administration is established and
continued as the same Department of Employment Security hitherto
existing. The Employment Security Administration shall be part of
the Department of Employment and Social Services. The Employ-
ment Security Administration shall have the powers, duties, respon-
sibilities, and functions provided in the laws of this State for the
Department of Employment Security. All references in this Code,
in any other laws of this State, or in ordinances, resolutions, rules,
regulations, legal actions, directives, or documents to the Department