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Session Laws, 1977
Volume 735, Page 2968   View pdf image
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2968                                    LAWS OF MARYLAND                           Ch. 742 description of all facts and circumstances pertinent to
it. The complaint shall be filed with the chief
executive officer of the department or other agency to
which application for review is made, if there be one,
but if there be none, then with any member of its
governing body. Receipt of such complaint shall be
promptly acknowledged in writing and a copy transmitted
to the Secretary of Health and Mental Hygiene. The
department or other agency shall then proceed to
investigate the complaint. Subject to such extensions of
time as the parties may agree upon, a decision shall be
rendered in writing and a copy thereof sent to the
complainant within 30 days of the filing of the
complaint. A record shall be kept of all complaints and
their disposition which shall be open to public
inspection during regular business hours. [(2)](II) A [party] PERSON party aggrieved by an
adverse decision of action or failure to take action
within the time prescribed by subsection (1) (2) of this
section, may file an appeal to the board of review of the
Department of Health and Mental Hygiene. The board shall
adopt procedures as provided in the Administrative
Procedure Act and shall in all other respects be governed
by the provisions of the act. At least three members
shall sit at any hearing of the board, constituted as a
board of appeal. Decisions shall be by a majority of the
board sitting. The board's decision shall be in writing,
stating its reasons. 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. The decision of the board shall be the final
agency decision for purposes of judicial review under §
255 of this article or for purposes of any other
provisions of law permitting appeals to the courts from
decisions of agencies included within the Department of
Health and Mental Hygiene. Appeals from decisions of the
board shall be as prescribed in the Administrative
Procedure Act or by the substantive law applying to
commission, department, board or other instrumentality
whose decision is being appealed.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect on July 1, 1977. Approved May 26, 1977.
CHAPTER 743
(Senate Bill 1068)
AN ACT concerning Higher Education- general State


 
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Session Laws, 1977
Volume 735, Page 2968   View pdf image
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