HARRY HUGHES, Governor

563

Present Art. 58A, § 7, however, entitles an
applicant to judicial review of a denial.
Therefore, it is not clear whether the
Administrative Procedure Act appeal procedures
apply to the proceedings described in this
section in whole, in part, or not at all.
Specifically, the second sentence of present Art.
58A, § 7(a) — now subsection (b) of this section
— requires that an appeal be "on the record of
proceedings before the commissioner" except in
certain limited circumstances. Since no hearing
is required before an application for a license
may be denied, it is uncertain what would
constitute the "record of proceedings" in that
case on which a court could base its review. The
General Assembly may wish to consider clarifying
legislation in this area.

11-219. SALE Of LOAN ACCOUNT TO UNLICENSED PERSON.

(A)   SALE PROHIBITED.

A LICENSEE MAY NOT SELL A LOAN ACCOUNT TO ANY PERSON
WHO IS NOT LICENSED UNDER THIS SUBTITLE.

(B)       ACCOUNT UNENFORCEABLE IF ACQUIRED BY UNLICENSED
PERSON.

A LOAN ACCOUNT THAT IS ACQUIRED BY A PERSON WHO IS NOT
LICENSED UNDER THIS SUBTITLE IS NOT ENFORCEABLE.

REVISOR'S NOTE: This section presently appears as Art.
58A, § 15.

The only changes are in style.

11-220. REPORTING OF CRIMINAL VIOLATIONS.

THE COMMISSIONER SHALL REPORT TO THE APPROPRIATE
STATE'S ATTORNEY ANY ALLEGED CRIMINAL VIOLATION OF THE
MARYLAND CONSUMER LOAN LAW.

REVISOR'S NOTE: This section presently appears as the
third sentence of Art. 41, § 192A(a).

The reference to any "alleged" criminal violation
is new language added to reflect the fact that
the Commissioner does not determine whether a
criminal violation actually has been committed.

The present clause "and the State's attorney
shall take such action relating to said alleged
violations as he may deem appropriate" is deleted
as unnecessary and misleading given the
prerogatives of a State's attorney.

The only other changes are in style.