Ch. 25 LAWS OF MARYLAND

relating to the Board of Review; and generally relating to the administrative
review of contested cases at the Department of Natural Resources.

BY repealing

Article - Natural Resources
Section 1-106 and 1-107
Annotated Code of Maryland
(1989 Replacement Volume)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That the Laws of Maryland read as follows:

Article - Natural Resources

[1-106.

(a) There is a Board of Review of the Department. It consists of seven members
appointed by the Governor with the advice of the Secretary and with the advice and
consent of the Senate. Of the seven members appointed, not less than four shall be
selected from and represent the general public. The remaining members shall be
persons of knowledge and experience in one or more of the fields under the jurisdiction
of the Department. The term of membership is three years, except that, of the original
appointees, three are to serve a three-year term, two are to serve a two-year term, and
two are to serve a one-year term. A member serves until his successor is appointed and
qualified. An appointment to a vacancy in an unexpired term is limited to the remainder
of that term. The Governor shall fill any vacancy in an unexpired term. The Governor
shall designate a chairman from among the members representing the general public.
Members of the Board shall receive the compensation provided in the State budget and
shall be reimbursed for expenses in accordance with the Standard Travel Regulations.
The Board shall have the staff provided in the budget.

(b) The Board may make recommendations to the Secretary regarding the
operation and administration of the Department as it deems necessary or desirable. If
no advisory board is created for the Department as provided for in § 1-105 of this
article, the Board of Review shall advise the Secretary as to all matters affecting the
Department which he submits for its consideration.

(c) In addition, the Board shall hear and determine appeals from those
decisions of the Secretary or any unit within the Department which are subject to
judicial review under the Administrative Procedure Act or under any other provision of
law. The Board also shall hear and determine appeals from actions or failures to act by
any unit within the Department for which the Secretary, by rule or regulation, provides
for review by the Board. The Board shall report at least annually to the Secretary. Its
report shall incorporate a summary of appeals heard and determinations made. A
Board member may not participate in any determination or vote in any proceeding as to
which he has, directly or indirectly, a private interest.

(d) The Governor, upon the recommendation of the Secretary or of a majority of

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