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346 LAWS OF MARYLAND [CH. 154
237.
Any person aggrieved by any decision or action or failure to act on
the part of the Secretary or any department or other agency within
the Department of Natural Resources for which an appeal to the
Board of Review of the Department of Natural Resources is pro-
vided by Section 236 of this Article, and regulations adopted
pursuant thereto, shall be entitled to appeal WITHIN SUCH
PERIOD AS ESTABLISHED BY REGULATION OF THE
BOARD OF REVIEW AND in the manner hereinafter set
forth, provided however, that prior to the commencement thereof
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 satisfactory
resolution has not occurred within thirty (30) days thereafter, 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
ESTABLISHED BY REGULATION OF THE BOARD OF RE-
VIEW AND wherein it shall be outlined in detail with a full descrip-
tion of all facts and circumstances pertinent thereto. The complaint
shall be filed with the Chief Executive 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 Natural Resources. The
department or other agency shall then proceed to investigate the com-
plaint. Subject to such extensions of time as the parties may agree
upon, a decision shall be rendered in writing and a copy thereof sent
to the Complainant within thirty (30) days of the filing of the com-
plaint. 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 Department
of Natural Resources. The Board shall adopt procedures as provided
in the Administrative Procedure Act, Section 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 writ-
ing, stating its reasons. Minutes of its proceedings shall be kept.
The Chairman, or acting Chairman, shall have the power to admin-
ister oaths and compel the attendance of witnesses. The decision of
the Board shall be the final agency decision for purposes of |
