WILLIAM DONALD SCHAEFER, Governor

Ch. 141

CHAPTER 141
(Senate Bill 122)

AN ACT concerning

Administrative Procedure Act - Notice and Suspension Provisions - Modifications

FOR the purpose of making consistent the provisions of the Administrative Procedure
Act concerning the mailing of notice to certain licensees; authorizing the Governor
to suspend the applicability of all or part of the law concerning the Office of
Administrative Hearings in the same manner and under the same conditions that he
may currently suspend the applicability of the APA; making certain stylistic
changes; and generally relating to the Administrative Procedure Act and the Office
of Administrative Hearings.

BY repealing and reenacting, with amendments,
Article - State Government
Section 10-209 and 10-225
Annotated Code of Maryland
(1993 Replacement Volume and 1993 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - State Government

10-209.

(a)     Where a licensing statute provides for service other than by regular mail,
notice under this subtitle may be sent by regular mail to the address of record of a person
holding a license issued by the agency if:

(1)     the person is required by law [or regulation] to advise the agency of the
address; and

(2)     the agency has been unsuccessful in giving notice in the manner
otherwise provided by the licensing statute.

(b)     Upon a showing that the person neither knew nor had reasonable opportunity
to know of the fact of service, a person served by regular mail under subsection (a) of this
section shall be granted a hearing.

(c)     A person holding a license shall be deemed to have had a reasonable
opportunity to know of the fact of service if:

(1)     the person is required by [statute] LAW to notify the agency of a change
of address within a specified period of time;

(2)     the person failed to notify the agency in accordance with the [statute]
LAW;

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