WILLIAM DONALD SCHAEFER, Governor Ch. 25

the authorized membership of the Board, may remove any member of the Board for one
or more of the following reasons:

(1) Conviction of a crime involving moral turpitude or of any criminal
offense the effect of which is to prevent or interfere with the performance of Board
duties;

(2) Failure to attend regularly meetings of the Board;

(3) Failure to carry out duties assigned by the Board or its chairman; or

(4) Acceptance of other office or the conduct of other business conflicting
with or tending to conflict with performance of Board duties. ]

[1-107.

(a) Any person aggrieved by any decision, action, or failure to act on the part of
the Secretary or any unit within the Department for which an appeal to the Board of
Review of the Department of Natural Resources is provided by § 1-106 of this article,
and the rules and regulations adopted pursuant thereto, is entitled to appeal within the
period established by rule or regulation of the Board and in the manner set forth below.

(b) Prior to the commencement of an appeal, the person aggrieved shall make
known the basis of his complaint to the individual responsible for the decision, action,
or nonaction complained of, together with a request for review. If a resolution
satisfactory to the person aggrieved has not occurred within 30 days thereafter, the
complainant may proceed as follows:

(1) Within the period established by rule or regulation of the Board of
Review he shall file a written statement concisely setting forth the nature of the
complaint and the relevant facts and circumstances. The complaint shall be filed with
the chief executive officer of the unit to which the application for review is made or, if
there is no chief executive officer, with any member of the unit's governing body. If the
individual responsible for the decision is the chief executive officer of the unit, it is not
necessary to follow the procedures prescribed in this paragraph. Receipt of the
complaint shall be promptly acknowledged in writing and a copy transmitted to the
Secretary. The unit shall investigate the complaint. Subject to extensions of time on
which the parties agree, a decision shall be rendered in writing and a copy sent to the
complainant within 30 days of the filing of the complaint. A record shall be kept of all
complaints and their disposition. The record shall be open to public inspection during
regular business hours.

(2) A party aggrieved by an adverse decision, action, or failure to take
action within the time prescribed by this section may file an appeal to the Board of
Review of the Department of Natural Resources.

(c) In cases where the appeal to the Board is from a decision by a unit or official
in a contested case, as defined in the Administrative Procedure Act, the Board shall
hear the appeal based on the record made before the agency and subject to the
following provisions:

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