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Session Laws, 1973
Volume 709, Page 1235   View pdf image
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Ch. 589                             MARVIN MANDEL, Governor                                1235

whatever action he deems appropriate in light of the Commission's findings. The
order of the Secretary shall be promptly forwarded to the complainant, and the
Secretary's order shall constitute the final decision for purposes of judicial review.

(1) No court shall be required to entertain an inmate's grievance or complaint
within the jurisdiction of the Inmate Grievance Commission unless and until the
complainant has exhausted the remedies as provided in this section. Upon the final
decision of the Secretary of Public Safety and Correctional Services, the
complainant shall be entitled to judicial review thereof. Proceedings for review
shall be instituted in the circuit court of the county or in the Baltimore City Court,
as the case may be, in which is located the institution where the complainant is
confined. [[ [ ]] Review by the court shall be limited to a review of the record of
the proceedings before the Commission and the Secretary's order, if any, pursuant
to such proceedings. The court's review shall be limited to a determination of
whether there was a violation of any right of the inmate protected by federal or
State laws or constitutional requirements. [[ ] ]] [[REVIEW SHALL BE
CONDUCTED BY THE COURT WITHOUT A JURY AND SHALL BE
LIMITED TO A DETERMINATION OF WHETHER THERE WAS A
VIOLATION OF ANY RIGHT OF THE INMATE PROTECTED BY
FEDERAL OR STATE LAWS OR CONSTITUTIONAL REQUIREMENTS.
THE COURT MAY APPOINT COUNSEL, RECEIVE WRITTEN BRIEFS,
HEAR ORAL ARGUMENT OR ORDER EVIDENCE TO BE PRESENTED.
THE COURT MAY AFFIRM, REVERSE OR MODIFY THE FINAL
DECISION OF THE SECRETARY OR REMAND THE CASE FOR
FURTHER PROCEEDINGS. BOTH THE SECRETARY AND THE
COMPLAINANT MAY SECURE A REVIEW OF ANY FINAL JUDGMENT
OF THE COURT BY APPEAL TO THE COURT OF SPECIAL APPEALS IN
THE MANNER PROVIDED BY LAW FOR APPEALS TO THAT COURT.]]

SECTION 2. AND BE IT FURTHER ENACTED. That this Act shall take
effect July 1, 1973.

Approved May 21, 1973.

CHAPTER 589
(House Bill 983)

AN ACT to add new Section 45A to Article 89B of the Annotated Code of
Maryland (1969 Replacement Volume), title "State Roads," subtitle
"Distribution and Use of Special Funds," to follow immediately after Section
45 thereof, to empower the State Highway Administration to require developers
of industrial, commercial or apartment areas, adjoining toads maintained by the
State Highway Administration, to construct sidewalks under certain
circumstances, and to require the local political subdivision to maintain and
repair the sidewalks.

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That new Section 45A be and it is hereby added to Article 89B of
the Annotated Code of Maryland (1969 Replacement Volume), title "State
Roads," subtitle "Distribution and Use of Special Funds," to follow immediately
after Section 45 thereof, and to read as follows:

 

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Session Laws, 1973
Volume 709, Page 1235   View pdf image
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