2670

LAWS OF MARYLAND

Ch. 911

PROJECT IS BEING DEVELOPED OR OPERATED IN VIOLATION OF THIS
SUBTITLE HAS JURISDICTION TO ENJOIN THE FURTHER DEVELOPMENT
OR OPERATION OF THE HEALTH CARE PROJECT.

59L. APPEALS.

(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN
AGGRIEVED PARTY MAY APPEAL A DECISION OF THE STATE AGENCY TO
THE SECRETARY. THE SECRETARY SHALL NOTIFY ALL PERSONS WHO
WERE PARTIES TO THE AGENCY DECISION OF THE PENDENCY OF ANY
APPEAL.

(E) THE SECRETARY SHALL REVIEW THE RECORD OF
PROCEEDINGS BEFORE THE STATE AGENCY AND SHALL RENDER A
DECISION IN ACCORDANCE WITH THE ADMINISTRATIVE PROCEDURE
ACT. A DECISION OF THE SECRETARY WHICH AFFIRMS, REVERSES,
OR MODIFIES THE DECISION OF THE STATE AGENCY SHALL BE
CONSIDERED AS THE FINAL DECISION OF THE STATE AGENCY.
HOWEVER, THE SECRETARY MAY REMAND THE MATTER TO THE STATE
AGENCY FOR RECONSIDERATION.

(C) THE SECRETARY DOES NOT HAVE JURISDICTION TO
REVIEW ANY DECISION OF THE STATEWIDE HEALTH COORDINATING
COUNCIL.

(D) THE BOARD OF REVIEW OF THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE DOES NOT HAVE JURISDICTION TO REVIEW ANY
DECISION MADE UNDER THIS SUBTITLE.

(E) ANY PERSON WHO WAS A PARTY TO THE APPEAL TO THE
SECRETARY AND IS AGGRIEVED BY HIS FINAL DECISION MAY SEEK
JUDICIAL REVIEW.

206.

(e) The following departments, agencies, commissions,
boards and councils shall be included within the Department
of Health and Mental Hygiene: the State Department of
Health, the State Department of Mental Hygiene, the
Department of Postmortem Examiners, the State Department of
Juvenile Services, the State Board of Dental Examiners, the
[Comprehensive Health Planning Agency,] MARYLAND HEALTH
PLANNING AND DEVELOPMENT AGENCY, the Commission on Physical
Fitness, the Board of Medical Examiners for the State of
Maryland, the Commission on Medical Discipline of Maryland,
the Anatomy Board of Maryland, the Maryland Board of
Pharmacy, the State Board of Examiners of Nurses, the State
Board of Funeral Directors and Embalmers of Maryland, the
Board of Examiners of Optometry for the State of Maryland,
the Board of Osteopathic Examiners for the State of
Maryland, the Board of Podiatry Examiners for the State of
Maryland, the State Board of Chiropractic Examiners, the
Advisory Board on Hospital Licensing, the Advisory Council
on Hospital Construction, the State Board of Physical
Therapy Examiners, the State Board of Examiners of
Psychologists, the Radiation Control Advisory Board, the Air
Quality Control Advisory Council, the Board of Sanitarian
Registration and such other departments, agencies,