1442

LAWS OF MARYLAND

[Ch. 296

Review of the Department of Natural Resources,
constituted as a board of appeals, from five to
[[three]] four.

BY repealing and re—enacting, with amendments,

Article - Natural Resources
Section 1-107(2)
Annotated Code of Maryland
(1974 Volume and 1974 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That Section 1-107(2) of Article - Natural
Resources, of the Annotated Code of Maryland (1974 Volume
and 1974 Supplement) be and it is hereby repealed and
re—enacted, with amendments, to read as follows:

Article — Natural Resources

1-107.

(2) A party aggrieved by an adverse decision,
action, or failure to take action within the time
prescribed by this section may file an appeal to the
Board of Review of the Department of Natural Resources.
The Board shall adopt procedures as provided in the
Administrative Procedure Act, and shall in all respects
be governed by the provisions of that Act. At least
[five] [[THREE]] FOUR members shall sit at any hearing of
the board, constituted as a board of appeal. 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. Decisions shall be
by a majority of the members sitting, shall, be in
writing, and shall state the board's reasons. The
decision of the board shall be the final unit decision
for purposes of judicial review under the Administrative
Procedure Act, or for purposes of any provision of law
permitting appeals to the courts from decisions of units
included within the Department of Natural Resources.
Appeals from decisions of the board shall be as
prescribed in the Administrative Procedure Act except if
there are special provisions of law governing appeals
from a particular unit, those provisions shall govern
appeals from the decision of that unit.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1975.

Approved April 22, 1975.