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LAWS OF MARYLAND

Ch. 678

be advisory only, and the State agency shall alone have
final and absolute authority and the nondelegable
responsibility to act upon an application for a certificate
of need.

(e) (1) An application for a certificate of need OR AN
EXEMPTION shall be acted upon and disposed of by the State
agency no later than 210 days after registration HOWEVER,
THE STATE AGENCY MAY ESTABLISH A SHORTER PERIOD WITHIN WHICH
APPROVAL OR DISAPPROVAL OF APPLICATIONS FOR CERTIFICATES OF
NEED OR EXEMPTIONS SHALL BE MADE.

(2) IF THE STATE AGENCY FAILS TO APPROVE OR
DISAPPROVE AN APPLICATION WITHIN THE REQUIRED PERIOD, THE
APPLICANT MAY, BRING AN ACTION WITHIN 30 DAYS FOLLOWING THE
EXPIRATION OF SUCH PERIOD, IN THE APPROPRIATE COURT TO
REQUIRE THE STATE AGENCY TO APPROVE OR DISAPPROVE THE
APPLICATION.

59L.

(b) The Secretary shall review the record of
proceedings before the State agency and shall render a
decision in accordance with the STANDARDS IN ARTICLE 41 §
255(F) OF THE CODE IN 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.

(e) Any person who was a party to the appeal to the
Secretary and is aggrieved by his final decision may seek
judicial review IN ACCORDANCE WITH SECTIONS 244 ET, SEQ. OF
ARTICLE 41 OF THE CODE (ADMINISTRATIVE PROCEDURES ACT). THE
DECISION OF THE SECRETARY SHALL BE AFFIRMED UPON JUDICIAL
REVIEW UNLESS IT IS FOUND TO BE ARBITRARY, CAPRICIOUS, OR
NOT MADE IN COMPLIANCE WITH APPLICABLE LAW.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved May 20, 1980.

CHAPTER 679
(House Bill 1898)
AN ACT concerning

Financial Institutions - Incorporation