478                                                LAWS OF MARYLAND                                     Ch.8

(A)  IN GENERAL.

ANY PERSON WHOSE APPLICATION FOR A PHARMACY PERMIT HAS
BEEN DENIED OR WHOSE PHARMACY PERMIT HAS BEEN SUSPENDED OR
REVOKED UNDER THIS TITLE MAY:

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

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

(B)  STAY OF ORDER.

IF AN APPEAL IS TAKEN UNDER THIS SECTION, THE BOARD MAY
STAY ITS ORDER OF SUSPENSION OR REVOCATION PENDING THE
DECISION OF THE COURT.

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

In subsection (a) of this section, the reference
to "suspended" pharmacy permits is added to
conform to the like addition in § 12-409 of this
subtitle. See the revisor's note to that
section.

Also as to subsection (a) of this section,
present Art. 43, § 268(d) seems to imply that the
appeal may be taken directly to the courts.
However, this is an obsolete and inaccurate
statement of the current state of the law. This
revision restates the law to show the intended
jurisdiction of the Board of Review under Art.
41, §§ 206A and 206B of the Code and the intended
application of the Administrative Procedure Act
under Art. 41, § 244 et seq. of the Code. These
provisions apply in any event. No substantive
change is intended.

Also as to subsection (a) of this section,
present Art. 43, § 268(d) describes the courts to
which an appeal under this section may be taken.
That description is not totally consistent with
the Administrative Procedure Act, Art. 41, §
255(b) of the Code. To the extent that the
Administrative Procedure Act is inconsistent with
present Art. 43, § 268(d), it seems clear that
the intent of the General Assembly was that the
Administrative Procedure Act should govern. See
Section 3 of Ch. 94, Acts of 1957. Therefore,
the description in present Art. 43, § 268(d) of
the courts to which an appeal may be taken is
deleted as superseded in part and, to the extent
that it is not superseded, as needlessly
repetitive of provisions in the Administrative