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Session Laws, 1976
Volume 734, Page 1002   View pdf image
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1002

LAWS OF MARYLAND

Ch. 377

Article 27 — Crimes and Punishments
Section 36E(g)
Annotated Code of Maryland
(1971 Replacement Volume and 1975 Supplement)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF

MARYLAND, That Section 36E(g) of Article 27 - Crimes and

Punishments, of the Annotated Code of Maryland (1971

Replacement Volume and 1975 Supplement) be and it is

hereby repealed and reenacted, with amendments, to read
as follows:

Article 27 - Crimes and Punishments

36E.

(g) (i) There is created a Handgun Permit Review
Board as a separate agency within the Department of
Public Safety and Correctional Services. The Board shall
consist of five members appointed from the general public
by the Governor with the advice and consent of the Senate
of Maryland and shall hold office for terms of three
years. The members shall hold office for a terra of one,
two, and three years, respectively, to be designated by
the Governor. After the first appointment, the Governor
shall annually appoint a member of the Board in the place
of the member whose term shall expire. Members of the
Board shall be eligible for reappointment. In case of
any vacancy in the Board, the Governor shall fill the
vacancy by the appointment of a member to serve until the
expiration of the term for which the person had been
appointed. Each member of the Board shall receive per
diem compensation as provided in the budget for each day
actually engaged in the discharge of his official duties
as well as reimbursement, in accordance with standard
travel regulations, for all necessary and proper
expenses. (ii) Any person whose application for a permit
or renewal of a permit has been rejected or whose permit
has been revoked or limited may request the Board to
review the decision of the Superintendent by filing a
written request for review with the Board within ten days
after receipt of written notice of the Superintendent's
action. The Board shall either sustain, reverse, or
modify the decision of the Superintendent upon a review
of the record, or conduct a hearing within thirty days
after receipt of the request. If the action taken by the
Board results in the rejection of an application for a
permit or renewal of a permit or the revocation or
limitation of a permit, the Board shall submit in writing
to that person the reasons for the action taken by the
Board, (iii) Any hearing and any subsequent proceedings
of judicial review shall be conducted in accordance with
the provisions of the Administrative Procedure Act;
provided, however, that no court of this State shall
order the issuance or renewal of a permit or alter any
limitations on a permit pending final determination of
the proceeding. (iv) Any person whose application for a

 

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Session Laws, 1976
Volume 734, Page 1002   View pdf image
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