Marvin Mandel, Governor                        1157

(b)    The Board may make recommendations to the Secretary
regarding the operation and administration of the Department of
Transportation as it shall from time to time deem necessary or
desirable.

(c)    In addition, the Board shall hear and determine appeals
from any decision of the Secretary or of any administration or other
agency within the Department of Transportation in any case where
the decision is one promulgating a rule within the meaning of Section
244 of this Article, and where the appeal is subject to judicial review
under Section 249 of this Article, and where the challenge to the
decision is based upon one of the grounds set forth in Section 249
of this Article. The Board shall also hear and determine appeals
from those actions or failures to act by any administrations or
agencies within the Department of Transportation for which the
Secretary, by regulations, provides for review by the Board. The
Board shall report at least annually to the Secretary and its report
shall incorporate a summary of appeals heard and the determinations
thereof by categories. No member of the Board shall participate in
any determination nor vote in any proceeding as to which he has,
directly or indirectly, a private interest.

(d)    The Governor, upon the recommendation of the majority of
the Board or upon the recommendation of the Secretary, may remove
any member of the Board for one or more of the following:

(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 regularly attend meetings of the Board.

(3)    Failure to carry out duties assigned by the Board or its
Chairman.

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

(e)    Any person aggrieved by any decision or action or failure
to act on the part of the Secretary or any administration or other
agency within the Department of Transportation for which an
appeal to the Board of Review of the Department of Transportation
is provided pursuant to subsection (c) of this Section, 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 Review and wherein it shall be outlined
in detail with a full description of all facts and circumstances perti-
nent thereto. The complaint shall be filed with the Chief Executive
Officer of the Administration or other agency to which application
for review is made, if there be one, but if there be none, then with