584

LAWS OF MARYLAND

Ch. 33

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. 83, § 159(b) — now §
11—415 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. 83, § 157(b) — now § 11-407(c) 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.
Present Art. 83, § 160, 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.

The General Assembly may wish to consider
amending subsection (c) of this section in light
of Department of Natural Resources v. Linchester
Sand and Gravel Corp., 274 Md. 211 (1975), in
which the Court of Appeals held that — with
certain exceptions not applicable to this
subtitle — de novo judicial review of
administrative actions, even actions that are
"quasi-judicial", is an unconstitutional
violation of the doctrine of separation of
powers.

11-417. EFFECT OF SURRENDER, SUSPENSION, OR REVOCATION.

(A)   OBLIGATIONS NOT IMPAIRED.

THE SURRENDER, SUSPENSION, OR REVOCATION OF A LICENSE
DOES NOT IMPAIR OR AFFECT ANY OBLIGATION UNDER ANY AGREEMENT
THAT THE LICENSEE ENTERED INTO OR ACQUIRED BEFORE THE
LICENSE WAS SURRENDERED, SUSPENDED, OR REVOKED.

(B)       FORMER LICENSEE REMAINS SUBJECT TO SUBTITLE.

IN ENFORCING AN AGREEMENT AND IN DEALING WITH THE
PARTIES TO THAT AGREEMENT, A PERSON WHOSE LICENSE HAS BEEN
SURRENDERED, SUSPENDED, OR REVOKED REMAINS SUBJECT TO THIS
SUBTITLE, INCLUDING THE AUTHORITY OF THE COMMISSIONER TO
EXAMINE AND INVESTIGATE UNDER § 11-413 OF THIS SUBTITLE.

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

11-418. INCORRECT STATEMENTS PROHIBITED.