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Ch. 14
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660
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LAWS OF MARYLAND
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(A) "CIRCUIT COURT" DEFINED,
IN THIS SECTION, "CIRCUIT COURT" MEANS THE BALTIMORE
CITY COURT OR THE CIRCUIT COURT FOR ANY OTHER COUNTY.
(B) RIGHT OF APPEAL; VENUE.
ANY AGGRIEVED PARTY TO A HEARING MAY APPEAL FROM A
DECISION OR ORDER OF THE ADMINISTRATION AS FOLLOWS:
(1) IF THE MATTER CONCERNS THE LICENSE OF THE
PARTY TO DRIVE AND THE PARTY IS A RESIDENT OF THIS STATE,
TO THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE PARTY
RESIDES;
(2) IF THE MATTER CONCERNS ANY OTHER LICENSE
OR PRIVILEGE OF THE PARTY, TO THE CIRCUIT COURT FOR THE
COUNTY IN WHICH THE PRINCIPAL PLACE OF BUSINESS OF THE
PARTY IN THIS STATE IS LOCATED;
(3) IF THE PARTY IS A NONRESIDENT MOTORIST,
TO THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE PARTY
WAS CONVICTED OF THE VIOLATION TO WHICH THE MATTER
RELATES; AND
(4) IF NOT OTHERWISE PROVIDED IN THIS
SECTION OR ELSEWHERE IN THE MARYLAND VEHICLE LAW, TO THE
CIRCUIT COURT FOR ANNE ARUNDEL COUNTY.
(C) APPEAL SUBJECT TO ADMINISTRATIVE PROCEDURE ACT.
THE ADMINISTRATIVE PROCEDURE ACT SHALL GOVERN IN AN
APPEAL.
(D) STAY OF ENFORCEMENT.
IF AN APPEAL IS FILED IN A CASE BY AN AGGRIEVED
LICENSEE, THE ADMINISTRATION SHALL GRANT A STAY OF ITS
DECISION OR ORDER FOR NOT MORE THAN 60 DAYS, UNLESS IT
APPEARS TO THE ADMINISTRATION THAT SUBSTANTIAL AND
IMMEDIATE HARM COULD RESULT TO THE LICENSEE OR OTHERS IF
THE LICENSE OR PRIVILEGE IS CONTINUED PENDING APPEAL.
REVISOR'S NOTE: This section presently appears as
Art. 66 1/2, §2-319(k).
Subsection (a) of this section is new language
added to clarify that, as provided in the
Administrative Procedure Act, the proper court
for an appeal in Baltimore City is the
Baltimore City Court.
In subsection (b) of this section, the broad
reference to "a ... party" is substituted for
the present reference to "an applicant or
licensee" to reflect provisions such as those
in §13-210 of this article, which relate to
parties other than applicants or licensees.
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