HARRY HUGHES, Governor

663

As to subsection (d) 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 present Art.
43, §636(c), it is retained in this section.

The fifth sentence of present Art. 43, § 636(c),
which relates to the power of the Board to
adjourn the hearing from time to time, is deleted
as unnecessary.

16-314. ADMINISTRATIVE AND JUDICIAL REVIEW.

(A) IN GENERAL.

EXCEPT AS PROVIDED IN THIS SECTION FOR AN ACTION
UNDER § 16-312 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:

AND

(1) APPEAL THAT DECISION TO THE BOARD OF REVIEW;

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

(B) AN ACTION UNDER § 16-312.

(1)  ANY PERSON AGGRIEVED BY A FINAL DECISION OF
THE BOARD UNDER § 16-312 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 is new language derived
without substantive change from Art. 43, §
636(e).

The provisions of this section are based on the
combined requirements of the Administrative
Procedure Act, present Art. 43, § 636(e), and
Art. 41, §§ 206A and 206B of the Code 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).