HARRY HUGHES, Governor

583

Art. 11, § 251 of the Code contains the same
requirement, among others.

In subsection (e) of this section, the present
reference to rules that are "reasonable and in
the public interest" is deleted as an unnecessary
statement of the obvious.

11—416. JUDICIAL REVIEW.

(A)   RIGHT TO APPEAL.

ANY PERSON AGGRIEVED BY A DECISION OF THE COMMISSIONER
TO DENY AN APPLICATION FOR A LICENSE OR TO SUSPEND OR REVOKE
A LICENSE MAY APPEAL TO:

(1)       THE CIRCUIT COURT OF THE COUNTY WHERE THE
LICENSEE DID OR HAS APPLIED TO DO BUSINESS; OR

(2)       THE BALTIMORE CITY COURT.

(B)       STAY OF ORDER.

THE COMMISSIONER MAY STAY AN ORDER THAT IS APPEALED
UNTIL THE DETERMINATION OF THE APPEAL.

(C)       APPEAL TO BE TRIED DE NOVO.

AN APPEAL UNDER THIS SECTION SHALL BE TRIED DE NOVO.

(D)   DISPOSITION OF CASE.

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

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

AN AGGRIEVED PERSON OR THE COMMISSIONER MAY APPEAL THE
DECISION OF THE COURT TO THE COURT OF SPECIAL APPEALS.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 83, § 160.

In subsection (a)(2) of this section, the
reference to "the Baltimore City Court" is
substituted for the reference to "any common law
court in 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.

It is unclear how the provisions of this section
operate in conjunction with the Administrative
Procedure Act, Art. 11, § 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