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LAWS OF MARYLAND

Ch.8

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 3-310 OF THIS SUBTITLE MAY NOT APPEAL TO
THE BOARD OF REVIEW BUT MAY TAKE A DIRECT JUDICIAL APPEAL.

(2)  THE APPEAL SHALL BE MADE AS PROVIDED FOR
JUDICIAL REVIEW OF FINAL DECISIONS IN THE ADMINISTRATIVE
PROCEDURE ACT.

REVISOR'S NOTE: This section is standard language used
throughout this article to provide for
administrative and judicial review. The new
language is based on the combined requirements of
the Administrative Procedure Act and of the
provisions regarding the Board of Review.

The introductory language of subsection (a) and
the introductory phrase of subsection (b)(1) of
this section conform to the Administrative
Procedure Act, which provides a right of judicial
review of any "final decision" of an agency in a
"contested case". A situation is a contested
case if a party has a right to a hearing (see the
Administrative Procedure Act definition of
"contested case" in Art. 41, § 244 of the Code).

As to the application of this section, the Board
of Review has general jurisdiction over final
decisions of the Board under this subtitle.
Therefore, for some actions, a decision of the
Board of Review is a prerequisite to judicial
review. Subsection (a) of this section reflects
that general procedure. The Board of Review,
however, does not have jurisdiction over any
disciplinary action taken by the Board.
Consequently, subsection (b) of this section
expressly provides for direct judicial review for
persons aggrieved under § 3-310 of this subtitle.

The new language substituted in this section
better coordinates the combined requirements of
the Administrative Procedure Act and the laws
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.

SUBTITLE 4. MISCELLANEOUS.

3-401. ADVERTISING AND SOLICITATION.

(A) STANDARDS.

THE BOARD SHALL ADOPT RULES AND REGULATIONS TO
ESTABLISH STANDARDS FOR ADVERTISING OR SOLICITING BY
CHIROPRACTORS.

(B) NOTICES TO PATIENTS.