3036                                 LAWS OF MARYLAND                               Ch. 856

(1)  NOT LATER THAN 60 DAYS AFTER THE CONCLUSION
OF THE HEARING, OR, IF A HEARING IS NOT HELD, AFTER THE
SCHEDULED HEARING DATE, THE BOARD OF COMMISSIONERS SHALL
PASS A PRELIMINARY ORDER APPROVING OR REFUSING THE
APPLICATION TO ORGANIZE.

(2)  THE BOARD OF COMMISSIONERS SHALL ISSUE A
FINAL ORDER OF APPROVAL FOR INCORPORATION WHEN THE BOARD
RECEIVES THE SURETY BOND UNDER THIS SUBTITLE AND IS
SATISFIED THAT THE INITIAL ACCOUNTS REQUIRED UNDER THIS
SUBTITLE ARE FUNDED IN CASH.

(C)  APPEAL FROM ORDER.

AN APPLICANT AGGRIEVED BY THE FINAL ORDER OF THE BOARD
OF COMMISSIONERS MAY APPEAL IT IN ACCORDANCE WITH TITLE 8,
SUBTITLE 4 OF THIS ARTICLE AND CHAPTER 1100, SUBTITLE B OF
THE MARYLAND RULES.

(D)  APPROVAL OR REFUSAL OF ARTICLES.

(1)  AFTER THE TIME FOR APPEAL OF THE ORDER
EXPIRES OR ON FINAL DETERMINATION OF ANY APPEAL TAKEN, THE
BOARD OF COMMISSIONERS SHALL ENDORSE AND DATE EACH COPY OF
THE ARTICLES "APPROVED" OR "REFUSED".

(2)  IF THE BOARD OF COMMISSIONERS APPROVES THE
ARTICLES, IT SHALL:

(I)  RETURN THE ENDORSED, EXECUTED ARTICLES
TO THE CHAIRMAN OF THE INCORPORATORS; AND

(II)  KEEP THE CONFORMED COPY.

(3)  IF THE BOARD OF COMMISSIONERS REFUSES THE
ARTICLES, IT SHALL RETURN THE ENDORSED, EXECUTED ARTICLES TO
THE CHAIRMAN OF THE INCORPORATORS WITH A WRITTEN STATEMENT
AS REQUIRED BY THE ADMINISTRATIVE PROCEDURE ACT.

COMMITTEE COMMENT: This section formerly appeared as CA
§§ 6-208(d), (e), and (f), 6-209(a), and
6-210(a).

Action under this section is governed also by the
Administrative Procedure Act which requires the
Board to give written findings of fact with any
order refusing an application.

In subsection (a) of this section, the word
"proposed" is added for clarity, and the word
"bylaws" is added as the accepted practice of the
Board.

Subsection (b) of this section adds a preliminary
order of approval followed by a final order, for
clarity, since as a matter of practicality,
initial funds would not be deposited in cash
until incorporation had been approved.