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Session Laws, 1971
Volume 707, Page 1002   View pdf image
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1002                             Laws of Maryland                      [Ch. 456

by regulation of the board of review, wherein it shall be outlined
in detail with a full description of all facts and circumstances per-
tinent 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 Employment and Social Services. The department or
other agency shall then proceed to investigate the complaint. Sub-
ject 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 complaint.
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 Employment and Social Services. The board shall adopt pro-
cedures 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 writing, stating its reasons [,] . Minutes of its proceedings
shall be kept. The chairman, or acting chairman, shall have the
power to administer oaths and compel the attendance of witnesses.
Unless a decision is not subject to review by the board, the decision
of the board shall be the final agency decision for purposes of judicial
review under Section 225 of this article or for purposes of any other
provision of law permitting appeals to the courts from decisions of
agencies included within the Department of Employment and Social
Services. Appeals from decisions of the board shall be as prescribed
in the Administrative Procedure Act or by the substantive law
applying to the commission, department, board or other instrumen-
tality whose decision is being appealed.

215.

The Attorney General shall be the legal adviser to the Department
of Personnel. He shall assign to the Department such number of
assistant attorneys general as are now authorized by law to be as-
signed to the various departments, agencies, boards, commissions,
councils, or units which are, or may hereafter by law be deemed
to be, part of the Department of Personnel; and he shall also assign
to the Department of Personnel such additional number of assistant
attorneys general as may hereafter be authorized by law for such
Department. One of the said assistant attorneys general shall be
designated by the Attorney General as counsel to the Department of
Personnel. The counsel to the Department shall have no duty other
than to render, subject to the discretion and control of the Attorney
General, such legal aid, advice and counsel as the Secretary and
the other officials of said Department may require, and the super-
vision of the other assistant attorneys general assigned to the De-
partment. After the Attorney General has designated an assistant
attorney general to serve as counsel to the Department of Personnel,
he shall not reassign said counsel without consultation with the Sec-

 

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Session Laws, 1971
Volume 707, Page 1002   View pdf image
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