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LAWS OF MARYLAND

Ch. 461

thereto. The complaint shall be filed with the chief
executive officer of the department or other agency to which
application for review is made, if there be one, but if
there be none, then with any member of its governing body.
Receipt of such complaint shall be promptly acknowledged in
writing and a copy transmitted to the Secretary of
Employment and Social Services. The department or other
agency shall then proceed to investigate the complaint.
Subject to such extensions of time as the parties may agree
upon, a decision shall be rendered in writing and a copy
thereof sent to the complainant within thirty (30) days of
the filing of the complaint. A record shall be kept of all
complaints and their disposition which shall be open to
public inspection during regular business hours.

(2) A party aggrieved by an adverse decision or
action or failure to take action within the time prescribed
by subsection (1) of this section may file an appeal to the
board of review of the Department of Employment and Social
Services. The board shall adopt procedures as provided in
the Administrative Procedure Act, § 244 et seg. of this
article' and shall in all other respects be governed by the
provisions of said act. At least five members shall sit at
any hearing of the board, constituted as a board of appeal.
Decisions shall be by a majority of the board sitting. The
board's decision shall be in writing, stating its reasons.
Minutes of its proceedings shall be kept. The chairman, or
acting chairman, shall have the power to administer oaths
and compel the attendance of witnesses. Unless a decision
is not subject to review by the board, the decision of the
board shall be the final agency decision for purposes of
judicial review under § 255 of this article or for purposes
of any other provision of law permitting appeals to the
courts from decisions of agencies included within the
Department of Employment and Social Services. Appeals from
decisions of the board shall be as prescribed in the
Administrative Procedure Act or by the substantive law
applying to the commission, department, board or other
instrumentality whose decision is being appealed.]

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1978. However, the Board of
Review of the Department of Employment and Social Services,
which is known as the Department of Human Resources, Chapter
382, Laws of Maryland, 1975, shall continue in existence
with full authority to hear and decide all appeals properly
filed with it on or before July 1, 1978.

Approved May 16, 1978.

CHAPTER 462
(Senate Bill 399)