HARRY HUGHES, Governor

635

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.

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 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 Board. Consequently, subsection (b) of
this section expressly provides for direct
judicial review for persons aggrieved under §
15-311 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 provisions of this article
regarding the Board of Review. These provisions
apply in any event. No substantive change is
intended.

As to subsections (a) and (b) of this section,
provisions that appeals shall be taken in
accordance with the Administrative Procedure Act
are substituted for the present language that
allows a licensee to "appeal to the circuit court
for the county in which he resides". Art. 41, §
255(b) of the Code allows an appeal to be taken
in the county in which the person either resides
or has a principal place of business.

The automatic stay provided in subsection (c) of
this section is in addition to any judicial stay
that may be ordered.

As to the Board of Review, see Art. 41, §§ 206A
and 206B of the Code.

15-316. REINSTATEMENT OF SUSPENDED OR REVOKED LICENSE.