|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
309
|
|
|
|
|
MARVIN MANDEL, Governor
|
|
|
|
|
|
|
|
|
|
|
|
|
|
Art. 64B, §29.
Throughout this section, present references to
the "Department" are clarified to refer to the
Administration, "{s}ubject to the authority of
the Secretary and, where applicable, the
Maryland Transportation Authority"; see, also,
§7-203 of this subtitle. Also, the terms
"rentals", "fees", and "charges" are added to
conform to the similar provisions appearing
elsewhere in this title; see, e.g., §7-505 of
this title.
In subsection (a) of this section, the present
phrase "{f}rom and after June 1, 1969" is
deleted as now obsolete.
In subsection (d) of this section, the present
reference to "persons engaged therein",
referring to transportation by private
carriers, is deleted as unnecessary.
The only other changes are in style.
As to subsection (b) of this section, it is
noted that similar provisions purporting to
preclude judicial review were held by the
Maryland Court of Appeals, in Criminal
Injuries Compensation Board v. Gould, 273 Md.
487 (1975) to effectively preclude judicial
review under the Administrative Procedure Act,
Art. 41, §255(a), but not to preclude judicial
review under a court's "inherent residual
right to review and restrain improper exercise
of administrative powers by agencies alleged
to have acted arbitrarily, illegally,
capriciously and unreasonably...." The case
was decided under the Criminal Injuries
Compensation Act, Art. 26a, §10(a). The lower
court had held the provisions precluding
appellate review "unconstitutional and void".
While the Court of Appeals disagreed with the
circuit court's holding of
unconstitutionality, the Court of Appeals
granted judicial review of the administrative
decision of the Criminal Injuries Compensation
Board, reversed the decision of the Board, and
remanded the case back to the Board. In light
of the Gould case, subsection (b) of this
section, at best, is misleading to the reader
and, at worst, is of questionable
constitutionality. Legislative consideration
of this problem may he necessary to clarify
the muddied waters of subsection (b).
The Public Service Commission Law, referred to
in subsection (c) of this section, is
contained in Article 78 of the Code.
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
