HARRY HUGHES, Governor

547

As to subsection (c) of this section, the
statement that the individual may appear with
counsel is implicit in the scheme of the
Administrative Procedure Act; however, since this
provision is stated explicitly in the first
sentence of present Art. 43, § 609(b), it is
retained in this section.

The second sentence of present Art. 43, § 609(b),
which refers to the Board giving written reasons
for its action and to mailing or delivering a
copy of the action to the person charged, is
deleted as essentially repetitious of rights
already provided in the Administrative Procedure
Act.

As to the issuance of subpoenas and
administration of oaths for the conduct of a
hearing, see Art. 43, § 3 of the Code, which
gives these powers to the Secretary or to anyone
the Secretary designates.

13-317. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 13-315 OF THIS SUBTITLE, 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 § 13-315.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 13-315 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, which is substituted for
the last two sentences of Art. 43, § 609(b), is
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.