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Ch. 13
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70
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LAWS OF MARYLAND
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SHALL RENDER A WRITTEN DECISION AND SEND A COPY OF IT TO
THE COMPLAINANT WITHIN 30 DAYS OF THE FILING OF THE
COMPLAINT.
(2) A RECORD SHALL BE KEPT OF EACH COMPLAINT
AND ITS DISPOSITION. THE RECORD SHALL BE OPEN TO PUBLIC
INSPECTION DURING REGULAR BUSINESS HOURS.
(E) APPEAL TO THE BOARD.
IF THE MATTER IS ONE FOR WHICH AN APPEAL TO THE
BOARD IS PROVIDED BY THIS SUBTITLE, A COMPLAINANT
AGGRIEVED BY AN ADVERSE DECISION OR ACTION OR BY INACTION
WITHIN THE TIME REQUIRED BY SUBSECTION (D) OF THIS
SECTION MAY FILE AN APPEAL TO THE BOARD.
(F) REVIEW PROCEDURES; BOARD DECISION IS FINAL
AGENCY DECISION.
(1) THE BOARD SHALL ADOPT PROCEDURES AS
PROVIDED IN THE ADMINISTRATIVE PROCEDURE ACT AND IN ALL
RESPECTS SHALL BE GOVERNED BY THE PROVISIONS OF THAT ACT.
AT LEAST FIVE MEMBERS SHALL SIT AT EACH HEARING OF THE
BOARD, CONSTITUTED AS A BOARD OF APPEAL. DECISIONS SHALL
BE BY A MAJORITY OF THE MEMBERS SITTING, SHALL BE IN
WRITING, AND SHALL STATE THE BOARD'S REASONS. THE BOARD
SHALL KEEP MINUTES OF ITS PROCEEDINGS.
(2) A DECISION OF THE BOARD IS THE FINAL
AGENCY DECISION FOR PURPOSES OF JUDICIAL REVIEW UNDER THE
ADMINISTRATIVE PROCEDURE ACT OR ANY OTHER PROVISION OF
LAW PERMITTING AN APPEAL TO THE COURTS FROM A DECISION OF
A UNIT IN THE DEPARTMENT.
(G) OATHS AND WITNESSES.
(1) AT A HEARING OF THE BOARD, THE CHAIRMAN
OR, IN HIS ABSENCE, THE ACTING CHAIRMAN MAY ADMINISTER
OATHS AND ISSUE SUBPOENAS AND ORDERS FOR THE ATTENDANCE
OF WITNESSES AND THE PRODUCTION OF PAPERS, BOOKS, AND
DOCUMENTS.
(2) IF A PERSON FAILS TO COMPLY WITH ANY
SUBPOENA OR ORDER ISSUED UNDER THIS SUBSECTION, THE
CHAIRMAN OR ACTING CHAIRMAN MAY INVOKE THE AID OF A COURT
OF COMPETENT JURISDICTION. THE COURT MAY ORDER THAT
PERSON TO OBEY THE SUBPOENA OR ORDER OR TO GIVE EVIDENCE
ABOUT THE MATTER IN QUESTION.
(H) JUDICIAL REVIEW.
EACH APPEAL FROM A DECISION OF THE BOARD SHALL BE AS
REQUIRED IN THE ADMINISTRATIVE PROCEDURE ACT EXCEPT THAT,
IF THERE IS A SPECIAL PROVISION OF LAW GOVERNING AN
APPEAL FROM A PARTICULAR UNIT, THAT PROVISION SHALL
GOVERN ANY APPEAL FROM THE DECISION OF THE UNIT.
REVISOR'S NOTE: This section is new language
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