1374

LAWS OF MARYLAND

Ch. 237

to reprimand. This change is made to conform

with other present health occupation board

provisions of Art. 43 and to meet fundamental
requirements of fairness.

The reference in subsection (b) of this section
to the Administrative Procedure Act is standard
language added to this and, where necessary,
corresponding sections of other titles of this
article. It demonstrates clearly the intended
application of the Administrative Procedure Act,
Art. 41, § 244 et seq. of the Code, to
administrative hearings under this section.

As to the issuance of subpoenas and
administration of oaths for the conduct of a
hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.

20-310. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A) IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 20-308 OF THIS SUBTITLE, ANY PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

AND

(1) APPEAL THE DECISION TO THE BOARD OF REVIEW;

(2) THEN TAKE ANY FURTHER APPEAL ALLOWED BY THE
ADMINISTRATIVE PROCEDURE ACT.

(B) AN ACTION UNDER § 20-308.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 20-308 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 — which is substituted
for Art. 43, § 406A(f)(9), as that subsection
relates to review of disciplinary actions by the
Secretary or the Department of Natural Resources,
is new language similar to that used throughout
this article to provide for administrative and
judicial review. The new language is based on
the combined requirements of present Art. 43, §
406A(f)(9), the Administrative Procedure Act, and
the provisions regarding the Board of Review.
While equally strong arguments could be made for
following either the appeal provisions of present