172

LAWS OF MARYLAND

Ch.8

Art. 41, § 244 et seq. of the Code, to
administrative hearings under this section.

Subsections (c) and (d) of this section include
only those provisions that appear to add to the
provisions of the Administrative Procedure Act.
Thus, the provision in present Art. 32, § 14(c)
requiring that the notice served on an individual
include the "time and place" of the hearing is
deleted as essentially repetitious of provisions
of the Administrative Procedure Act.

As to subsection (e) of this section, the
statement that the individual may appear with
counsel is implicit in the scheme of the
Administrative Procedure Act; however, since the
provision is stated explicitly in present Art.
32, § 14(f), it is retained in this section. The
provision in present Art. 32, § 14(f) that the
Board "may have the benefit of counsel" is
deleted as unnecessary.

The balance of present Art. 32, § 14(c) now
appears in § 4-315 of this subtitle.

4-318. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 4-314 OF THIS SUBTITLE, A PERSON AGGRIEVED BY A FINAL
DECISION OF THE BOARD IN A CONTESTED CASE, AS DEFINED IN THE
ADMINISTRATIVE PROCEDURE ACT, MAY:

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

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

(B)  AN ACTION UNDER § 4-314.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 4-314 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 new language derived in
part from the second paragraph of Art. 32, § 13
and the first part of the first sentence of § 35.
In addition, standard language used throughout
this article is added, based on the combined
requirements of the Administrative Procedure Act
and of the provisions regarding the Board of
Review.