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Session Laws, 1972
Volume 708, Page 927   View pdf image
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Marvin Mandel, Governor                         927

437.

(a) Any person aggrieved by any decision or action or failure
to act on the part of the Secretary or any office, board, commission,
department or agency within the Department for which an appeal
to the Board of Review is provided by Section 436 of this Article,
shall be entitled to appeal in the manner hereinafter set forth, pro-
vided however, that prior to the commencement thereof the person
so aggrieved shall make known the basis of the complaint to the per-
son 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, wherein it shall be outlined in de-
tail with a full description of all facts and circumstances pertinent
thereto. The complaint shall be filed with the Secretary of Agricul-
ture. Receipt of such complaint shall be promptly acknowledged in
writing. The Secretary 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 of action or fail-
ure to take action within the time prescribed by subsection (1) of
this section, may file an appeal to the Board of Review of the Depart-
ment of Agriculture. 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 three members shall sit at any hearing of the
Board, constituted as a Board of Appeal. Decisions shall be by a ma-
jority 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. The decision of the
Board shall be the final agency decision for purposes of judicial re-
view. 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 instrumentality whose
decision is being appealed.

SEC. 1A. AND BE IT FURTHER ENACTED, THAT SEC-
TION 150 OF ARTICLE 43 OF THE ANNOTATED CODE OF
MARYLAND (1971 REPLACEMENT VOLUME), TITLE
"HEALTH," SUBTITLE "STATE BOARD OF VETERINARY
MEDICAL EXAMINERS," BE AND IT IS HEREBY REPEALED
AND RE-ENACTED, WITH AMENDMENTS, TO READ AS FOL-
LOWS:

150.

(A) THE STATE BOARD OF VETERINARY MEDICAL EX-
AMINERS IS HEREBY CREATED. THE SAID BOARD SHALL
CONSIST OF FIVE MEMBERS WHO SHALL BE LICENSED

 

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Session Laws, 1972
Volume 708, Page 927   View pdf image
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