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Session Laws, 1981
Volume 741, Page 634   View pdf image
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634                                            LAWS OF MARYLAND                                 Ch.8

(2) AT THE END OF A SUSPENSION PERIOD, THE BOARD
SHALL RETURN TO THE LICENSEE ANY LICENSE SURRENDERED UNDER
THIS SECTION.

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

As to subsection (a) of this section, the
present, detailed provisions of Art. 43, §
490(e)(1) that relate to the content and handling
of the order are deleted as needlessly repetitive
of the requirements of the Administrative
Procedure Act.

As to the Administrative Procedure Act, see Art.
41, § 244 et seq. of the Code.

15-315. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A)  IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION UNDER
§ 15-311 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 § 15-311.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 15-311 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.

(C)  STAY PENDING REVIEW.

IF A PODIATRIST FILES WITH THE BOARD WRITTEN NOTICE OF
INTENT TO APPEAL FROM AN ORDER OF SUSPENSION OR REVOCATION
BY THE BOARD, THE ORDER IS STAYED UNTIL FINAL JUDGMENT BY
THE COURT OR 120 DAYS AFTER THE APPEAL IS FILED, WHICHEVER
OCCURS FIRST.

REVISOR'S NOTE: This section is new language derived
from Art. 43, § 490(f).

Subsections (a) and (b) of this section, which
are substituted for the first sentence of Art.
43, § 490(f), are standard language used

 

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Session Laws, 1981
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