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69
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MARVIN MANDEL, Governor
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A BOARD MEMBER MAY NOT PARTICIPATE IN ANY
DETERMINATION OR VOTE IN ANY PROCEEDING IN WHICH THE
MEMBER HAS A DIRECT OR INDIRECT PRIVATE INTEREST.
REVISOR'S NOTE: This section presently appears as
Art. 41, §208B(b) and (c).
The only changes are in style.
As to use of the tern "unit", See revisor's
note to §2-102 of this title.
The Commission notes that, in light of the
advisory duties of the Maryland Transportation
Commission, the provisions of subsection (a)
of this section may be superfluous and
unnecessary.
2-506. APPEALS TO BOARD; JUDICIAL REVIEW.
(A) RIGHT OF REVIEW.
IF ANY PERSON IS AGGRIEVED BY ANY DECISION, ACTION,
OR INACTION ON THE PART OF THE SECRETARY OR OF ANY UNIT
IN THE DEPARTMENT FOR WHICH AN APPEAL TO THE BOARD IS
PROVIDED BY THIS SUBTITLE, THE PERSON IS ENTITLED TO
APPEAL WITHIN THE PERIOD THAT THE BOARD ESTABLISHES BY
REGULATION.
(B) NOTICE TO DEPARTMENT.
BEFORE COMMENCEMENT OF AN APPEAL, THE PERSON
AGGRIEVED SHALL MAKE KNOWN THE BASIS OF THE COMPLAINT TO
THE INDIVIDUAL RESPONSIBLE FOR THE DECISION, ACTION, OR
INACTION COMPLAINED OF, TOGETHER WITH A REQUEST FOR
REVIEW. IF, WITHIN 30 DAYS OF THE REQUEST, A RESOLUTION
SATISFACTORY TO THE COMPLAINANT DOES NOT OCCUR, THE
COMPLAINANT MAY FILE A STATEMENT OF COMPLAINT IN
ACCORDANCE WITH SUBSECTION (C) OF THIS SECTION.
(C) STATEMENT OF COMPLAINT.
WITHIN THE PERIOD ESTABLISHED BY THE BOARD, THE
COMPLAINANT SHALL FILE A DETAILED WRITTEN STATEMENT OF
THE COMPLAINT AND ALL RELEVANT FACTS AND CIRCUMSTANCES
WITH THE CHIEF EXECUTIVE OFFICER OF THE DEPARTMENT OR
UNIT IN THE DEPARTMENT TO WHICH APPLICATION FOR REVIEW IS
MADE. IF THERE IS NO CHIEF EXECUTIVE OFFICER, THE
STATEMENT SHALL BE FILED WITH ANY MEMBER OF THE UNIT'S
GOVERNING BODY. THE COMPLAINT SHALL BE ACKNOWLEDGED
PROMPTLY IN WRITING, AND A COPY OF THE COMPLAINT AND
ACKNOWLEDGMENT SHALL BE SENT TO THE SECRETARY.
(D) INVESTIGATION OF COMPLAINT; RECORD.
(1) THE DEPARTMENT OR UNIT THEN SHALL
INVESTIGATE THE COMPLAINT. SUBJECT TO EXTENSIONS OF TIME
TO WHICH THE PARTIES MAY AGREE, THE DEPARTMENT OR UNIT
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