HARRY HUGHES, Governor

1375

Art. 43, § 406A(f)(9), which provide for review
by the Secretary of Health and Mental Hygiene, or
the general appeal provisions for health
occupations in Art. 41 of the Code, the
Commission to Revise the Annotated Code has
revised this section to correspond to the general
appeal process of the other health occupations in
this article. This revision is called to the
attention of the General Assembly.

The introductory language of this section
conforms 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
Secretary and the Board of Review have general
jurisdiction over final decisions of the Board
under this subtitle. Therefore, for some
actions, decisions of the Secretary and the Board
of Review are a prerequisite to judicial review.
This section reflects that general procedure.

SUBTITLE 4. MISCELLANEOUS PROVISIONS.

20-401. CLASSIFICATION OF WATERWORKS, WASTEWATER WORKS, AND
INDUSTRIAL WASTEWATER WORKS.

(A)  IN GENERAL.

THE SECRETARY SHALL CLASSIFY ALL WATERWORKS, WASTEWATER
WORKS, AND INDUSTRIAL WASTEWATER WORKS IN THIS STATE.

(B)  FACTORS INVOLVED IN CLASSIFICATION.

IN DETERMINING THE CLASSIFICATION OF A WATERWORKS,
WASTEWATER WORKS, OR INDUSTRIAL WASTEWATER WORKS, THE
SECRETARY SHALL CONSIDER:

(1)  THE SIZE OR CAPACITY OF THE FACILITY;

(2)  THE TYPE OF TREATMENT USED;

(3)  THE CHARACTER OF THE WATER OR WASTES
TREATED; AND

(4)  ANY OTHER PHYSICAL CONDITIONS THAT AFFECT
THE FACILITY.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
406A(d).