HARRY HUGHES, Governor

1401

"issue subpoenas" and as essentially repetitious
of provisions in the Administrative Procedure
Act. Also the present references to the power of
the person against whom action is contemplated to
"appear in person", "cross examine witnesses",
and "produce evidence and witnesses in his own
defense" are deleted as essentially repetitious
of provisions in the Administrative Procedure
Act.

The first sentence of present § 8-611(b), which
provides that any person may prefer charges for
the grounds enumerated in this section, is
deleted as unnecessary.

The third sentence of present NR § 8-611(b),
which requires a hearing within 3 months after a
charge is preferred, is deleted as impractical
and, in light of the safeguards in the
Administrative Procedure Act, unnecessary. This
deletion is called to the attention of the
General Assembly.

21-312. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 21-310 OF THIS SUBTITLE, ANY PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

(1)  APPEAL THAT DECISION TO THE BOARD OF REVIEW;
AND

(2)  THEN TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT.

(B)  AN ACTION UNDER § 21-310.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 21-310 OF THIS SUBTITLE MAY NOT APPEAL TO
THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(2)  THE APPEAL SHALL BE MADE AS PROVIDED FOR
JUDICIAL REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE
PROCEDURE ACT.

REVISOR'S NOTE: This section is standard language used
throughout this article to provide for
administrative and judicial review. The language
is based on the combined requirements of the
Administrative Procedure Act and of the
provisions regarding the Board of Review.

The introductory language of subsection (a) and
the introductory phrase of subsection (b)(1) of