HARRY HUGHES, Governor

301

hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.

7-314. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§§ 7-312 OR 7-605 OF THIS TITLE, ANY 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 §§ 7-312 OR 7-605.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER §§ 7-312 OR 7-605 OF THIS TITLE 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.

(C)  CERTAIN BOARD DECISIONS NOT TO BE STAYED.

A BOARD DECISION TO DENY, SUSPEND, OR REVOKE A LICENSE
MAY NOT BE STAYED WHILE JUDICIAL REVIEW IS PENDING.

REVISOR'S NOTE: Subsections (a) and (b) of this
section, which are substituted for the provisions
of the first sentence of Art. 43, § 299(c) that
relate to judicial review, are 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.

Subsection (c) of this section is new language
derived without substantive change from the last
sentence of Art. 43, § 299(c).

While present Art. 43, § 299 applies only to
registered nurses and licensed practical nurses,
to conform to the revision of the disciplinary
and hearing provisions in §§ 7-312 and 7-313 of
this subtitle, the Commission to Revise the
Annotated Code has extended these provisions to
cover licensed nurse midwives.