302

LAWS OF MARYLAND

Ch.8

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 subsections (a) and (b)
of this section, the Board of Review has general
jurisdiction over final decisions of the Board
under this title. 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 §§
7-312 or 7-605 of this title.

The new language substituted in subsections (a)
and (b) of 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.

7-315. REINSTATEMENT OF SUSPENDED OR REVOKED LICENSES.

IF A LICENSE IS SUSPENDED OR REVOKED FOR A PERIOD OF
MORE THAN 1 YEAR, THE BOARD MAY REINSTATE THE LICENSE AFTER
1 YEAR.

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

The introductory clause is new language added to
clarify that this section applies only to cases
where the initial suspension or revocation is for
a period greater than 1 year.

SUBTITLE 4. APPROVED NURSING EDUCATION PROGRAMS FOR THIS
STATE.

7-401. MISCELLANEOUS POWERS AND DUTIES OF BOARD.

(A) POWERS.

THE BOARD MAY APPROVE ANY REGISTERED NURSING OR
LICENSED PRACTICAL NURSING EDUCATION PROGRAM AT AN
INSTITUTION IN THIS STATE.