|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
3860 VETOES
Be believe that the General Assembly has decided
that such litigants should seek a judicial remedy by
means of an original action instituted under the Public
Information Act. Significantly, in providing for the
administrative remedy, House Bill 462 selectively refers
only to §§251-254 of the Administrative Procedure Act.
Thus, it appears that the General Assembly designedly did
not make available the judicial review provisions of the
Administrative Procedure Act, i.e., Code, Article 41,
§§255 et. seq. Our conclusion in this regard is
buttressed by the significant different remedies which
are available under judicial proceedings instituted under
the APA on the one hand, and those which would be
available under the Public Information Act, as amended by
House Bill 462, on the other hand.
In summary, while we approve House Bill 462 as to
constitutionality, we call to your attention the
foregoing significant interpretive problems.
|
|
|
|
|
|
|
|
|
|
Very truly yours,
Francis E. Burch
Attorney General
|
|
|
|
|
|
|
|
|
|
1 It should be noted that the APA applies only to
certain State agencies. Accordingly, with respect
to those State agencies not covered by the APA and
all local agencies, the administrative hearing
provided for in new Section 5(A) (1) would not be
available.
|
|
|
|
|
|
|
|
|
|
----------
|
|
|
|
|
|
|
|
|
House Bill No. 522 - Deeds - Collection of Taxes
AN ACT concerning
Deeds - Collection of Taxes
FOR the purpose of requiring certain clerks of court the
counties and Baltimore City to collect or enter
into an agreement with the clerks of the circuit
courts of the counties or the Clerk of the Superior
Court of Baltimore City for the collection of
certain taxes upon the filing of certain
confirmatory deeds pursuant to the filing with the
State Department of Assessments and Taxation of
certain records of the sale, lease, exchange, or
transfer of certain corporate assets; providing for
the collection of these taxes at a certain local
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
 |
