MARVIN MANDEL, Governor                                      459

SERVE A ONE YEAR TERM. A MEMBER SERVES UNTIL HIS
SUCCESSOR IS APPOINTED AND QUALIFIED. AN APPOINTMENT
TO A VACANCY IN AN UNEXPIRED TERM IS LIMITED TO THE
REMAINDER OF THAT TERM. THE GOVERNOR SHALL FILL ANY
VACANCY IN AN UNEXPIRED TERM. THE GOVERNOR SHALL
DESIGNATE A CHAIRMAN FROM AMONG THE MEMBERS
REPRESENTING THE GENERAL PUBLIC. MEMBERS OF THE BOARD
SHALL RECEIVE THE COMPENSATION PROVIDED IN THE STATE
BUDGET AND SHALL BE REIMBURSED FOR ACTUAL EXPENSES.
THE BOARD SHALL HAVE THE STAFF PROVIDED IN THE BUDGET.

REVISOR'S NOTE: This subsection is new language
derived from Article 41, section 236 (a) of
the Code.

(B)   RECOMMENDATIONS TO SECRETARY; ACTING IN LIEU
OF ADVISORY BOARD.-— THE BOARD MAY MAKE
RECOMMENDATIONS TO THE SECRETARY REGARDING THE
OPERATION AND ADMINISTRATION OF THE DEPARTMENT AS IT
DEEMS NECESSARY OR DESIRABLE. IF NO ADVISORY BOARD IS
CREATED FOR THE DEPARTMENT AS PROVIDED FOR IN § 1-105
OF THIS ARTICLE, THE BOARD OF REVIEW SHALL ADVISE THE
SECRETARY AS TO ALL MATTERS AFFECTING THE DEPARTMENT
WHICH HE SUBMITS FOR ITS CONSIDERATION.

REVISOR'S NOTE: This subsection is new language
derived from Article 41, section 236 (b) of
the Code.

(C)   APPEALS TO BE HEARD AND DETERMINED BY BOARD;
ANNUAL REPORT TO SECRETARY.—IN ADDITION, THE BOARD
SHALL HEAR AND DETERMINE APPEALS FROM THOSE DECISIONS
OF THE SECRETARY OR ANY UNIT WITHIN THE DEPARTMENT
WHICH ARE SUBJECT TO JUDICIAL REVIEW UNDER THE
ADMINISTRATIVE PROCEDURE ACT OR UNDER ANY OTHER
PROVISION OF LAW. THE BOARD ALSO SHALL HEAR AND
DETERMINE APPEALS FROM ACTIONS OR FAILURES TO ACT BY
ANY 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 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 subsection is new language
derived from Article 41, section 236 (c) of
the Code.