598

LAWS OF MARYLAND

Ch.8

AN ORDER OF THE COMMISSION MAY NOT BE STAYED PENDING
REVIEW.

(D) RIGHT OF COMMISSION TO APPEAL.

THE COMMISSION MAY APPEAL FROM ANY DECISION THAT
REVERSES OR MODIFIES ITS ORDER.

REVISOR'S NOTE: Subsections (a) and (b) of this
section, which are substituted for the first two
sentences of Art. 43, § 130(p), 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
second sentence of Art. 43, § 130(m). The
present exception as to decisions made before
July 1, 1974 is deleted as obsolete.

Subsection (d) of this section is new language
derived without substantive change from the last
sentence of present Art. 43, § 130(p).

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
Commission under this subtitle. 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 Commission. Consequently,
subsection (b) of this section expressly provides
for direct judicial review for persons aggrieved
under § 14-504 of this subtitle.

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.