MARVIN MANDEL, Governor                                       1449

THE BOARD SHALL HEAR AND DETERMINE APPEALS FROM
ANY DECISION OF THE SECRETARY OR ANY POSITION OR UNIT
WITHIN THE DEPARTMENT SUBJECT TO JUDICIAL REVIEW UNDER
THE ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER
PROVISION OF LAW. THE BOARD ALSO SHALL HEAR AND
DETERMINE ANY APPEAL FROM ACTION OR FAILURE TO ACT OF
ANY POSITION OR UNIT WITHIN THE DEPARTMENT FOR WHICH
THE SECRETARY, BY RULE OR REGULATION, PROVIDES FOR
REVIEW BY THE BOARD. THE BOARD SHALL REPORT AT LEAST
ANNUALLY TO THE SECRETARY. ITS REPORT SHALL
INCORPORATE A SUMMARY BY CATEGORIES OF APPEALS HEARD
AND DETERMINATIONS MADE. A BOARD MEMBER MAY NOT
PARTICIPATE IN ANY DETERMINATION OR VOTE IN ANY
PROCEEDING AS TO WHICH HE HAS, DIRECTLY OR INDIRECTLY,
A PRIVATE INTEREST.

REVISOR'S NOTE: This section presently appears as
Art. 41, §436(b) of the Code. The only
changes made are in style.

SEC. 2-405. APPEALS TO BOARD OF REVIEW.

(A)   RIGHT OF APPEAL.

ANY PERSON AGGRIEVED BY ANY DECISION, ACTION, OR
FAILURE TO ACT ON THE PART OF THE SECRETARY OR ANY
POSITION OR UNIT WITHIN THE DEPARTMENT FOR WHICH AN
APPEAL TO THE BOARD OF REVIEW OF THE DEPARTMENT IS
PROVIDED BY THIS SUBTITLE, IS ENTITLED TO APPEAL.

(B)   NOTICE TO DEPARTMENT.

PRIOR TO THE COMMENCEMENT OF AN APPEAL, THE
PERSON AGGRIEVED SHALL MAKE KNOWN THE BASIS OF HIS
COMPLAINT TO THE INDIVIDUAL RESPONSIBLE FOR THE
DECISION, ACTION, OR NON-ACTION COMPLAINED OF,
TOGETHER WITH A REQUEST FOR REVIEW. IF A RESOLUTION
SATISFACTORY TO THE PERSON AGGRIEVED DOES NOT OCCUR
WITHIN 30 DAYS OF THE REQUEST, THE COMPLAINANT MAY
APPEAL TO THE BOARD.

(C)   STATEMENT FILED WITH SECRETARY.

THE COMPLAINANT SHALL FILE A WRITTEN STATEMENT
CONCISELY SETTING FORTH THE NATURE OF THE COMPLAINT
AND THE RELEVANT FACTS AND CIRCUMSTANCES. THE
COMPLAINT SHALL BE FILED WITH THE SECRETARY WHO SHALL
ACKNOWLEDGE PROMPTLY IN WRITING ITS RECEIPT.

(D)   INVESTIGATION AND RECORD.