3572

LAWS OF MARYLAND

[Ch. 870

(a)    The board of review of the Department of
Health and Mental Hygiene is [hereby] created. It shall
consist of seven members appointed by the Governor with
the advice and consent of the Senate of Maryland, of the
seven members so appointed, not less than four shall be
selected from and represent the general public. The
remaining members shall be persons of knowledge and
experience in one or more of the fields under the
jurisdiction of the Department of Health and Mental
Hygiene. Of the members initially appointed, three shall
be for terms of three years, two for terms of two years,
and two for terms of one year. Thereafter, all
appointments shall be for terms of three years. The
Governor shall designate a chairman from among the
members representing the general public. The Governor
shall fill any vacancy which occurs before the expiration
of a term, for the balance of the term so remaining.
Members of the board shall receive compensation as
provided in the budget from time to time and shall be
reimbursed for actual expenses. The board shall have
[such] staff [as]provided in the budget.

(b)    The board shall make recommendations to the
Secretary regarding the operation and administration of
the Department of Health and Mental Hygiene as it [shall
from time to time deem] CONSIDERS necessary or desirable.
If no advisory board is created for the Department as
provided for in § 206C of this article, the board of
review shall advise the Secretary as to all matters
affecting the Department submitted by him for its
consideration.

(c)    In addition to its advisory powers, the board
shall hear and determine appeals from those decisions of
the Secretary or any departments or other agencies within
the Department of Health and Mental Hygiene which are
subject to judicial review under § 255 of this article or
under any other provisions of law. The board shall also
hear and determine appeals from those actions or failures
to act by any departments or agencies within the
Department of Health and Mental Hygiene for which the
Secretary, by regulations, provides for review by the
board. The board shall report at least annually to the
Secretary and its report shall incorporate a summary of
appeals heard and the determinations thereof by
categories. [No member] MEMBERS of the board [shall] MAY
NOT participate in any determination nor vote in any
proceeding as to which he has, directly or indirectly, a
private interest.

(d)    The Governor, upon the recommendation of     the
majority of the board or upon the recommendation of   the
Secretary, may remove any member of the board for one     or
more of the following: