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LAWS OF MARYLAND

Ch. 33

(C)        DISPOSITION OF CASE.

IF A DECISION OF THE COMMISSIONER IS APPEALED, THE
COURT MAY REVERSE, AFFIRM, OR MODIFY THE DECISION.

(D)   RIGHT TO APPEAL TO COURT OF SPECIAL APPEALS.

THE AGGRIEVED APPLICANT OR LICENSEE OR THE COMMISSIONER
MAY APPEAL THE DECISION OF THE COURT TO THE COURT OF SPECIAL
APPEALS.

DEVISOR'S NOTE: This section is new language derived
without substantive change from Art. 58A, § 7.

Subsection (a) of this section is revised to
reflect that the office of the Commissioner is
located in Baltimore City.

In subsection (a) (2) of this section, reference
to "the Baltimore City Court" is substituted for
the reference to "any law court of Baltimore
City", since the former is the specific law court
in Baltimore City to which appeals are authorized
under the Administrative Procedure Act, Art. 41,
§ 255 (b) of the Code.

In subsection (b) of this section, the reference
to a finding by the court that additional
"evidence" is necessary is substituted for the
reference to a finding that "testimony" is
necessary. This substitution is in accordance
with the apparent intent of the present lav that
the finding not be limited to a need for
testimonial evidence.

It is unclear how the provisions of this section
operate in conjunction with the Administrative
Procedure Act, Art. 41, § 244 et seq., which
provides certain procedures for obtaining
judicial review of any "final decision" of an
agency in a "contested case". Whether or not a
particular situation constitutes a contested case
depends on whether the complainant has a right to
a hearing (see the Administrative procedure Act
definition of "contested case" in Art. 41, §
244). Under present Art. 58A, § 6 — now §§
11—216 and 11—217 of this subtitle — a licensee
must be given an opportunity to be heard before
the license may be suspended or revoked. There
is no requirement of a hearing, however, before
an application for a license may be denied. (See
present Art. 58A, § 4(c) — now § 11-207(d) of
this subtitle.) A suspension or revocation
proceeding under this subtitle thus would be a
contested case under the Administrative Procedure
Act; a denial of an application for a license
apparently would not be a contested case.