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Session Laws, 1973
Volume 709, Page 171   View pdf image
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Ch. 107                             MARVIN MANDEL, Governor                                  171

trust agreement or resolution may contain such other provisions as the Authority
may deem reasonable and proper for the security of the bondholders. All expenses
incurred in carrying out the provisions of such trust agreement or resolution may
be treated as a part of the cost of the operation OF any facility or facilities in
connection with which such bonds shall have been issued.

205 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
Employment and Social Services for which an appeal to the board of review of the
Department of Employment and Social Services is provided by § 205D 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 of an
appeal 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, wherein it shall be outlined in detail with a full description 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 Employment and Social
Services. The department or other agency shall then proceed to investigate the
complaint. 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 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 procedures as provided in the Administrative Procedure Act, §
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 [§ 225] SECTION 255 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 instrumentality whose decision is being
appealed.

 

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Session Laws, 1973
Volume 709, Page 171   View pdf image
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