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LAWS OF MARYLAND

Ch. 441

(1)  COPIES OF ANY APPLICATIONS, PLEADINGS, OR
OTHER PRELIMINARY DOCUMENTS FILED IN THE PROCEEDINGS BEFORE
OR ON BEHALF OF THE STATE AGENCY.

(2)  A FULL TRANSCRIPT OF TESTIMONY OF THE
PROCEEDINGS CONDUCTED BY THE STATE AGENCY INCLUDING ALL
MOTIONS, EXHIBITS, PROFFERS, OBJECTIONS, RULINGS, AND ANY
OTHER MATTERS WHICH OCCURRED DURING THE COURSE OF THE
HEARING.

(3)  ALL POST HEARING MOTIONS, BRIEFS, AND
RULINGS.

(4)  A COPY OF THE FINAL DECISION OF THE STATE
AGENCY INCLUDING FINDINGS OF FACT AND CONCLUSIONS OF LAW.

[(b)] (C) The Secretary shall review the record of
proceedings before the State agency and shall render a
decision in accordance with the Administrative Procedure Act
NO LATER THAN 90 DAYS AFTER RECEIPT OF THE RECORD FROM THE
STATE AGENCY 45 DAYS AFTER CONCLUDING THE REVIEWING PROCESS.
120 DAYS AFTER RECEIPT OF THE RECORD FROM THE STATE AGENCY.
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. ANY RECONSIDERATION SHALL BE
CONCLUDED BY THE STATE AGENCY WITHIN 30 DAYS AFTER RECEIPT
OF THE RECORD AND RESUBMITTED TO THE SECRETARY. FINAL
DISPOSITION OF THE RECONSIDERATION BY THE SECRETARY SHALL BE
MADE NOT LATER THAN 15 30 DAYS AFTER RESUBMISSION TO THE
SECRETARY BY THE STATE AGENCY.

[(c)] (D) The Secretary does not have jurisdiction to
review any decision of the Statewide Health Coordinating
Council.

[(d)] (E) 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)] (F) Any person who was a party to the appeal to
the Secretary and is aggrieved by his final decision may
seek judicial review.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 6, 1980.

CHAPTER 442